Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1358
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
4761S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 559.016 and 559.600, RSMo, and to enact in lieu thereof two new sections
relating to probation and parole for certain offenders.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 559.016 and 559.600, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 559.016 and 559.600, to read as follows:3
559.016. 1. Unless terminated as provided in section 1
559.036 or modified under section 217.703, the terms during 2
which each probation shall remain conditional and be subject 3
to revocation are: 4
(1) A term of years not less than one year and not to 5
exceed five years for a felony; 6
(2) A term not less than six months and not to exceed 7
[two years] eighteen months for a misdemeanor or municipal 8
ordinance violation; 9
(3) A term not less than six months and not to exceed 10
one year for an infraction. 11
2. The court shall designate a specific term of 12
probation at the time of sentencing or at the time of 13
suspension of imposition of sentence. Such term may be 14
modified by the division of probation and parole under 15
section 217.703. 16
SB 1358 2
3. The court may extend a period of probation[,]; 17
however, no more than one extension of any probation may be 18
ordered, except that the court may extend the total time on 19
probation by one additional year by order of the court if 20
the defendant admits he or she has violated the conditions 21
of his or her probation or is found by the court to have 22
violated the conditions of his or her probation. Total time 23
on any probation term, including any extension, shall not 24
exceed the maximum term as established in subsection 1 of 25
this section plus one additional year if the defendant 26
admits or the court finds that the defendant has violated 27
the conditions of his or her probation. 28
559.600. 1. In cases where the division of probation 1
and parole is not required under section 217.750 to provide 2
probation supervision and rehabilitation services for 3
misdemeanor offenders, the circuit and associate circuit 4
judges in a circuit may contract with one or more private 5
entities or other court-approved entity to provide such 6
services. The court-approved entity, including private or 7
other entities, shall act as a misdemeanor probation office 8
in that circuit and shall, pursuant to the terms of the 9
contract, supervise persons placed on probation by the 10
judges for class A, B, C, and D misdemeanor offenses, 11
specifically including persons placed on probation for 12
violations of section 577.023. Nothing in sections 559.600 13
to 559.615 shall be construed to prohibit the division of 14
probation and parole, or the court, from supervising 15
misdemeanor offenders in a circuit where the judges have 16
entered into a contract with a probation entity. 17
2. In all cases, the entity providing such private 18
probation service shall utilize the cutoff concentrations 19
utilized by the department of corrections with regard to 20
SB 1358 3
drug and alcohol screening for clients assigned to such 21
entity. A drug test is positive if drug presence is at or 22
above the cutoff concentration or negative if no drug is 23
detected or if drug presence is below the cutoff 24
concentration. No client shall be required to submit to an 25
alcohol or drug test unless the client is on probation for 26
an offense that involved either alcohol or a controlled 27
substance or unless ordered by the judge for good cause 28
shown. 29
3. In all cases, the entity providing such private 30
probation service shall not require the clients assigned to 31
such entity to travel in excess of fifty miles in order to 32
attend their regular probation meetings. 33
✓