Section 558.016

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 558

Effective - 27 Jun 2003, 3 histories, see footnote   (history) 

  558.016.  Extended terms for recidivism — defintions — persistent misdemeanor offender. — 1. The court may sentence a person who has pleaded guilty to or has been found guilty of an offense to a term of imprisonment as authorized by section 558.011 or to a term of imprisonment authorized by a statute governing the offense if it finds the defendant is a prior offender or a persistent misdemeanor offender, or to an extended term of imprisonment if it finds the defendant is a persistent offender or a dangerous offender.

  2. A "prior offender" is one who has pleaded guilty to or has been found guilty of one felony.

  3. A "persistent offender" is one who has pleaded guilty to or has been found guilty of two or more felonies committed at different times.

  4. A "dangerous offender" is one who:

  (1) Is being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and

  (2) Has pleaded guilty to or has been found guilty of a class A or B felony or a dangerous felony.

  5. A "persistent misdemeanor offender" is one who has pleaded guilty to or has been found guilty of two or more class A or B misdemeanors, committed at different times, which are defined as offenses under chapters 195, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, and 576, RSMo.

  6. The pleas or findings of guilty shall be prior to the date of commission of the present offense.

  7. The total authorized maximum terms of imprisonment for a persistent offender or a dangerous offender are:

  (1) For a class A felony, any sentence authorized for a class A felony;

  (2) For a class B felony, any sentence authorized for a class A felony;

  (3) For a class C felony, any sentence authorized for a class B felony;

  (4) For a class D felony, any sentence authorized for a class C felony.

  8. An offender convicted of a nonviolent class C or class D felony with no prior prison commitments, after serving one hundred twenty days of his or her sentence, may, in writing, petition the court to serve the remainder of his or her sentence on probation, parole, or other court- approved alternative sentence. No hearing shall be conducted unless the court deems it necessary. Upon the offender petitioning the court, the department of corrections shall submit a report to the sentencing court which evaluates the conduct of the offender while in custody, alternative custodial methods available to the offender, and shall recommend whether the offender be released or remain in custody. If the report issued by the department is favorable and recommends probation, parole, or other alternative sentence, the court shall follow the recommendations of the department if the court deems it appropriate. Any placement of an offender pursuant to section 559.115, RSMo, shall be excluded from the provisions of this subsection.

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(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1981 H.B. 554, A.L. 1990 H.B. 974, A.L. 2003 S.B. 5)

Effective 6-27-03