557.011.  Authorized dispositions. — 1.  Every person found guilty of an offense shall be dealt with by the court in accordance with the provisions of this chapter, except that for offenses defined outside this code and not repealed, the term of imprisonment or the fine that may be imposed is that provided in the statute defining the offense; however, the conditional release term of any sentence of a term of years shall be determined as provided in subsection 4 of section 558.011.

  2.  Whenever any person has been found guilty of a felony or a misdemeanor the court shall make one or more of the following dispositions of the offender in any appropriate combination.  The court may:

  (1)  Sentence the person to a term of imprisonment as authorized by chapter 558;

  (2)  Sentence the person to pay a fine as authorized by chapter 560;

  (3)  Suspend the imposition of sentence, with or without placing the person on probation;

  (4)  Pronounce sentence and suspend its execution, placing the person on probation;

  (5)  Impose a period of detention as a condition of probation, as authorized by section 559.026.

  3.  Whenever any person has been found guilty of an infraction, the court shall make one or more of the following dispositions of the offender in any appropriate combination.  The court may:

  (1)  Sentence the person to pay a fine as authorized by chapter 560;

  (2)  Suspend the imposition of sentence, with or without placing the person on probation;

  (3)  Pronounce sentence and suspend its execution, placing the person on probation.

  4.  Whenever any organization has been found guilty of an offense, the court shall make one or more of the following dispositions of the organization in any appropriate combination.  The court may:

  (1)  Sentence the organization to pay a fine as authorized by chapter 560;

  (2)  Suspend the imposition of sentence, with or without placing the organization on probation;

  (3)  Pronounce sentence and suspend its execution, placing the organization on probation;

  (4)  Impose any special sentence or sanction authorized by law.

  5.  This chapter shall not be construed to deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty.  An appropriate order exercising such authority may be included as part of any sentence.

  6.  In the event a sentence of confinement is ordered executed, a court may order that an individual serve all or any portion of such sentence on electronic monitoring; except that all costs associated with the electronic monitoring shall be charged to the person on house arrest.  If the judge finds the person unable to afford the costs associated with electronic monitoring, the judge may order that the person be placed on house arrest with electronic monitoring if the county commission agrees to pay the costs of such monitoring.  If the person on house arrest is unable to afford the costs associated with electronic monitoring and the county commission does not agree to pay from the general revenue of the county the costs of such electronic monitoring, the judge shall not order that the person be placed on house arrest with electronic monitoring.

  557.014.  Prosecution diversion program — definitions — authority of prosecuting attorney — requirements and provisions applicable to prosecution diversion — completion and disposition of charges. — 1.  As used in this section, the following terms shall mean:

  (1)  "Accusatory instrument", a warrant of arrest, information, or indictment;

  (2)  "Accused", an individual accused of a criminal offense, but not yet charged with a criminal offense;

  (3)  "Defendant", any person charged with a criminal offense;

  (4)  "Deferred prosecution", the suspension of a criminal case for a specified period upon the request of both the prosecuting attorney and the accused or the defendant;

  (5)  "Diversionary screening", the discretionary power of the prosecuting attorney to suspend all formal prosecutorial proceedings against a person who has become involved in the criminal justice system as an accused or defendant;

  (6)  "Prosecuting attorney", includes the prosecuting attorney or circuit attorney for each county of the state and the City of St. Louis;

  (7)  "Prosecution diversion", the imposition of conditions of behavior and conduct by the prosecuting attorney upon an accused or defendant for a specified period of time as an alternative to proceeding to adjudication on a complaint, information, or indictment.

  2.  Each prosecuting attorney in the state of Missouri shall have the authority to, upon agreement with an accused or a defendant, divert a criminal case to a prosecution diversion program for a period of six months to two years, thus allowing for any statute of limitations to be tolled for that time alone.  The period of diversion may be extended by the prosecuting attorney as a disciplinary measure or to allow sufficient time for completion of any portion of the prosecution diversion including restitution; provided, however, that no extension of such diversion shall be for a period of more than two years.

  3.  The prosecuting attorney may divert cases, under this program, out of the criminal justice system where the prosecuting attorney determines that the advantages of utilizing prosecution diversion outweigh the advantages of immediate court activity.

  4.  Prior to or upon the issuance of an accusatory instrument, with consent of the accused or defendant, other than for an offense enumerated in this section, the prosecuting attorney may forego continued prosecution upon the parties' agreement to a prosecution diversion plan.  The prosecution diversion plan shall be for a specified period and be in writing.  The prosecuting attorney has the sole authority to develop diversionary program requirements, but minimum requirements are as follows:

  (1)  The alleged crime is nonviolent, nonsexual, and does not involve a child victim or possession of an unlawful weapon;

  (2)  The accused or defendant must submit to all program requirements;

  (3)  Any newly discovered criminal behavior while in a prosecution diversion program will immediately forfeit his or her right to continued participation in said program at the sole discretion of the prosecuting attorney;

  (4)  The alleged crime does not also constitute a violation of a current condition of probation or parole;

  (5)  The alleged crime is not a traffic offense in which the accused or defendant was a holder of a commercial driver license or was operating a commercial motor vehicle at the time of the offense; and

  (6)  Any other criteria established by the prosecuting attorney.

  5.  During any period of prosecution diversion, the prosecuting attorney may impose conditions upon the behavior and conduct of the accused or defendant that assures the safety and well-being of the community as well as that of the accused or defendant.  The conditions imposed by the prosecuting attorney shall include, but are not limited to, requiring the accused or defendant to remain free of any criminal behavior during the entire period of prosecution diversion.

  6.  The responsibility and authority to screen or divert specific cases, or to refuse to screen or divert specific cases, shall rest within the sole judgment and discretion of the prosecuting attorney as part of their official duties as prosecuting attorney.  The decision of the prosecuting attorney regarding diversion shall not be subject to appeal nor be raised as a defense in any prosecution of a criminal case involving the accused or defendant.

  7.  Any person participating in the program:

  (1)  Shall have the right to insist on criminal prosecution for the offense for which he or she is accused at any time; and

  (2)  May have counsel of the person's choosing present during all phases of the prosecution diversion proceedings, but counsel is not required and no right to appointment of counsel is hereby created.

  8.  In conducting the program, the prosecuting attorney may require at any point the reinitiation of criminal proceedings when, in his or her judgment, such is warranted.

  9.  Any county, city, person, organization, or agency, or employee or agent thereof, involved with the supervision of activities, programs, or community service that are a part of a prosecution diversion program, shall be immune from any suit by the person performing the work under the deferred prosecution agreement, or any person deriving a cause of action from such person, except for an intentional tort or gross negligence.  Persons performing work or community service pursuant to a deferred prosecution agreement as described shall not be deemed to be engaged in employment within the meaning of the provisions of chapter 288.  A person performing work or community service pursuant to a deferred prosecution agreement shall not be deemed an employee within the meaning of the provisions of chapter 287.

  10.  Any person supervising or employing an accused or defendant under the program shall report to the prosecuting attorney any violation of the terms of the prosecution diversion program.

  11.  After completion of the program and any conditions imposed upon the accused or defendant, to the satisfaction of the prosecuting attorney, the individual shall be entitled to a dismissal or alternative disposition of charges against them.  Such disposition may, in the discretion of the prosecuting attorney, be without prejudice to the state of Missouri for the reinstitution of criminal proceedings, within the statute of limitations, upon any subsequent criminal activity on the part of the accused.  Any other provision of law notwithstanding, such individual shall be required to pay any associated costs prior to dismissal of pending charges.

  557.016.  Classification of offenses. — 1.  Felonies are classified for the purpose of sentencing into the following five categories:

  (1)  Class A felonies;

  (2)  Class B felonies;

  (3)  Class C felonies;

  (4)  Class D felonies; and

  (5)  Class E felonies.

  2.  Misdemeanors are classified for the purpose of sentencing into the following four categories:

  (1)  Class A misdemeanors;

  (2)  Class B misdemeanors;

  (3)  Class C misdemeanors; and

  (4)  Class D misdemeanors.

  3.  Infractions are not further classified.

  557.021.  Classification of offenses outside this code. — 1.  Any offense defined outside this code which is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor.

  2.  Any offense defined outside this code which is declared to be a felony without specification of the penalty therefor is a class E felony.

  3.  For the purpose of applying the extended term provisions of section 558.016 and the minimum prison term provisions of section 558.019 and for determining the penalty for attempts, offenses defined outside of this code shall be classified as follows:

  (1)  If the offense is a felony:

  (a)  It is a class A felony if the authorized penalty includes death, life imprisonment or imprisonment for a term of twenty years or more;

  (b)  It is a class B felony if the maximum term of imprisonment authorized exceeds ten years but is less than twenty years;

  (c)  It is a class C felony if the maximum term of imprisonment authorized is ten years;

  (d)  It is a class D felony if the maximum term of imprisonment exceeds four years but is less than ten years;

  (e)  It is a class E felony if the maximum term of imprisonment is four years or less;

  (2)  If the offense is a misdemeanor:

  (a)  It is a class A misdemeanor if the authorized imprisonment exceeds six months in jail;

  (b)  It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but is not more than six months;

  (c)  It is a class C misdemeanor if the authorized imprisonment is thirty days or less;

  (d)  It is a class D misdemeanor if it includes a mental state as an element of the offense and there is no authorized imprisonment;

  (e)  It is an infraction if there is no authorized imprisonment.

  557.026.  Presentence investigation and sentencing assessment report — inquiry of victim, when. — 1.  When a probation officer is available to any court, such probation officer shall, unless waived by the defendant, conduct a presentence investigation in all felony cases and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011.  In all class A misdemeanor cases a probation officer shall, if directed by the court, conduct a presentence investigation and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011.  The report shall not be submitted to the court or its contents disclosed to anyone until the defendant has been found guilty.

  2.  The sentencing assessment report shall be prepared, presented and utilized as provided by rule of court, except that no court shall prevent the defendant or the attorney for the defendant from having access to the complete sentencing assessment report and recommendations before any authorized disposition is made under section 557.011.

  3.  The defendant shall not be obligated to make any statement to a probation officer in connection with any sentencing assessment report.

  4.  When the jury enters a finding of guilt and assesses punishment, the probation officer shall, as part of the presentence investigation, inquire of the victim of the offense for which such punishment was assessed of the facts of the offense and any personal injury or financial loss incurred by the victim.  If the victim is dead or otherwise unable to make a statement, the probation officer shall attempt to obtain such information from a member of the immediate family of the victim.

  557.031.  Presentence commitment for study. — 1.  In felony cases where the circumstances surrounding the commission of the offense or other circumstances brought to the attention of the court indicate a strong likelihood that the defendant is suffering from a mental disease or disorder, and the court desires more detailed information about the defendant's mental condition before making an authorized disposition under section 557.011, it may order the commitment of the defendant for mental examination.

  2.  The court may commit the defendant to a facility of the department of mental health or to a hospital and order the defendant examined by such person or persons as the court or that department or hospital may designate.  The cost of guarding and transporting any confined defendant to and from any such facility or other place of examination shall be borne by the county.  Any commitment shall be for a period not exceeding thirty days unless extended by the order of the court.

  3.  Within forty days after the order the person or persons making such examination or examinations shall transmit to the court a report thereof including answers to any specific questions submitted by the court.  The clerk of the court shall immediately supply copies of the report to the prosecuting attorney and to the defendant or his attorney.

  4.  Any period of commitment to a facility of the department of mental health or to a hospital for the purpose of this section shall be credited against any term of imprisonment imposed upon the defendants.

  557.035.  Hate offenses — provides enhanced penalties for motivational factors in certain offenses. — 1.  For all violations of section 565.054 or 565.090, subdivision (1) of subsection 1 of section 569.100, or subdivision (1), (2), (3), (4), (6), (7) or (8) of subsection 1 of section 571.030, which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class D felony.

  2.  For all violations of section 565.056; subdivision (1) of subsection 1 of section 569.090; subdivision (1) of subsection 1 of section 569.120; section 569.140; or section 574.050; which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class E felony.

  3.  The court shall assess punishment in all of the cases in which the state pleads and proves any of the motivating factors listed in this section.

  557.036.  Role of court and jury in sentencing — two stages of trial — punishment assessed by jury, when. — 1.  Upon a finding of guilt, the court shall decide the extent or duration of sentence or other disposition to be imposed under all the circumstances, having regard to the nature and circumstances of the offense and the history and character of the defendant and render judgment accordingly.

  2.  Where an offense is submitted to the jury, the trial shall proceed in two stages.  At the first stage, the jury shall decide only whether the defendant is guilty or not guilty of any submitted offense.  The issue of punishment shall not be submitted to the jury at the first stage.

  3.  If the jury at the first stage of a trial finds the defendant guilty of the submitted offense, the second stage of the trial shall proceed.  The issue at the second stage of the trial shall be the punishment to be assessed and declared. Evidence supporting or mitigating punishment may be presented.  Such evidence may include, within the discretion of the court, evidence concerning the impact of the offense upon the victim, the victim's family and others, the nature and circumstances of the offense, and the history and character of the defendant.  Rebuttal and surrebuttal evidence may be presented.  The state shall be the first to proceed.  The court shall instruct the jury as to the range of punishment authorized by statute for each submitted offense.  The attorneys may argue the issue of punishment to the jury, and the state shall have the right to open and close the argument.  The jury shall assess and declare the punishment as authorized by statute.

  4.  A second stage of the trial shall not proceed and the court, and not the jury, shall assess punishment if:

  (1)  The defendant requests in writing, prior to voir dire, that the court assess the punishment in case of a finding of guilt; or

  (2)  The state pleads and proves the defendant is a prior offender, persistent offender, dangerous offender, or persistent misdemeanor offender as defined in section 558.016, or a persistent sexual offender or predatory sexual offender as defined in section 566.125.  If the jury cannot agree on the punishment to be assessed, the court shall proceed as provided in subsection 1 of this section.  If, after due deliberation by the jury, the court finds the jury cannot agree on punishment, then the court may instruct the jury that if it cannot agree on punishment that the court will assess punishment.

  5.  If the jury returns a verdict of guilty in the first stage and declares a term of imprisonment in the second stage, the court shall proceed as provided in subsection 1 of this section except that any term of imprisonment imposed cannot exceed the term declared by the jury unless the term declared by the jury is less than the authorized lowest term for the offense, in which event the court cannot impose a term of imprisonment greater than the lowest term provided for the offense.

  6.  If the defendant is found to be a prior offender, persistent offender, dangerous offender or persistent misdemeanor offender as defined in section 558.016:

  (1)  If he has been found guilty of an offense, the court shall proceed as provided in section 558.016; or

  (2)  If he has been found guilty of a class A felony, the court may impose any sentence authorized for the class A felony.

  7.  The court shall not seek an advisory verdict from the jury in cases of prior offenders, persistent offenders, dangerous offenders, persistent sexual offenders or predatory sexual offenders; if an advisory verdict is rendered, the court shall not deem it advisory, but shall consider it as mere surplusage.

  557.045.  Ineligibility for probation, SIS, SES, or conditional release, certain offenses. — No person found guilty of, or pleading guilty to, the following offenses shall be eligible for probation, suspended imposition or execution of sentence, or conditional release, and shall be sentenced to a term of imprisonment pursuant to subdivision (1) of subsection 2 of section 557.011:

  (1)  Second degree murder when a person knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person, as defined in subdivision (1) of subsection 1 of section 565.021;

  (2)  Any dangerous felony, as the term is defined in section 556.061, where the person has been previously found guilty of a class A or B felony or a dangerous felony;

  (3)  Any dangerous felony, as the term is defined in section 556.061, where the commission of the felony involves the use of a deadly weapon, as that term is defined in section 556.061; or

  (4)  Any dangerous felony, as the term is defined in section 556.061, where the victim is a law enforcement officer, firefighter, or an emergency service provider while in the performance of his or her duties.

  557.051.  Program for perpetrators of sexual offenses, participation required, when — restrictions for persons providing assessments and reports, penalty for violation, exception. — 1.  A person who has been found guilty of an offense under chapter 566, or any sex offense involving a child under chapter 568 or 573, and who is granted a suspended imposition or execution of sentence or placed under the supervision of the division of probation and parole shall be required to participate in and successfully complete a program of treatment, education and rehabilitation designed for perpetrators of sexual offenses.  Persons required to attend a program under this section shall be required to follow all directives of the treatment program provider, and may be charged a reasonable fee to cover the costs of such program.

  2.  A person who provides assessment services or who makes a report, finding, or recommendation for any offender to attend any counseling or program of treatment, education or rehabilitation as a condition or requirement of probation following a finding of guilt for an offense under chapter 566, or any sex offense involving a child under chapter 568 or 573, shall not be related within the third degree of consanguinity or affinity to any person who has a financial interest, whether direct or indirect, in the counseling or program of treatment, education or rehabilitation or any financial interest, whether direct or indirect, in any private entity which provides the counseling or program of treatment, education or rehabilitation.  A person who violates this subsection shall thereafter:

  (1)  Immediately remit to the state of Missouri any financial income gained as a direct or indirect result of the action constituting the violation;

  (2)  Be prohibited from providing assessment or counseling services or any program of treatment, education or rehabilitation to, for, on behalf of, at the direction of, or in contract with the division of probation and parole or any office thereof; and

  (3)  Be prohibited from having any financial interest, whether direct or indirect, in any private entity which provides assessment or counseling services or any program of treatment, education or rehabilitation to, for, on behalf of, at the direction of, or in contract with the division of probation and parole or any office thereof.

  3.  The provisions of subsection 2 of this section shall not apply when the department of corrections has identified only one qualified service provider within reasonably accessible distance from the offender or when the only providers available within a reasonable distance are related within the third degree of consanguinity or affinity to any person who has a financial interest in the service provider.