Revisor Home

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 558

previous next Effective - 01 Jan 2017, 2 histories, see footnotebottom

  558.011.  Sentence of imprisonment, terms — conditional release. — 1.  The authorized terms of imprisonment, including both prison and conditional release terms, are:

  (1)  For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment;

  (2)  For a class B felony, a term of years not less than five years and not to exceed fifteen years;

  (3)  For a class C felony, a term of years not less than three years and not to exceed ten years;

  (4)  For a class D felony, a term of years not to exceed seven years;

  (5)  For a class E felony, a term of years not to exceed four years;

  (6)  For a class A misdemeanor, a term not to exceed one year;

  (7)  For a class B misdemeanor, a term not to exceed six months;

  (8)  For a class C misdemeanor, a term not to exceed fifteen days.

  2.  In cases of class D and E felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court.  If the court imposes a sentence of imprisonment for a term longer than one year upon a person convicted of a class D or E felony, it shall commit the person to the custody of the department of corrections.

  3.  (1)  When a regular sentence of imprisonment for a felony is imposed, the court shall commit the person to the custody of the department of corrections for the term imposed under section 557.036, or until released under procedures established elsewhere by law.

  (2)  A sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the person to the county jail or other authorized penal institution for the term of his or her sentence or until released under procedure established elsewhere by law.

  4.  (1)  Except as otherwise provided, a sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term.  The conditional release term of any term imposed under section 557.036 shall be:

  (a)  One-third for terms of nine years or less;

  (b)  Three years for terms between nine and fifteen years;

  (c)  Five years for terms more than fifteen years; and the prison term shall be the remainder of such term.  The prison term may be extended by the board of probation and parole pursuant to subsection 5 of this section.

  (2)  "Conditional release" means the conditional discharge of an offender by the board of probation and parole, subject to conditions of release that the board deems reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the state board of probation and parole.  The conditions of release shall include avoidance by the offender of any other offense, federal or state, and other conditions that the board in its discretion deems reasonably necessary to assist the releasee in avoiding further violation of the law.

  5.  The date of conditional release from the prison term may be extended up to a maximum of the entire sentence of imprisonment by the board of probation and parole.  The director of any division of the department of corrections except the board of probation and parole may file with the board of probation and parole a petition to extend the conditional release date when an offender fails to follow the rules and regulations of the division or commits an act in violation of such rules.  Within ten working days of receipt of the petition to extend the conditional release date, the board of probation and parole shall convene a hearing on the petition.  The offender shall be present and may call witnesses in his or her behalf and cross-examine witnesses appearing against the offender.  The hearing shall be conducted as provided in section 217.670.  If the violation occurs in close proximity to the conditional release date, the conditional release may be held for a maximum of fifteen working days to permit necessary time for the division director to file a petition for an extension with the board and for the board to conduct a hearing, provided some affirmative manifestation of an intent to extend the conditional release has occurred prior to the conditional release date.  If at the end of a fifteen-working-day period a board decision has not been reached, the offender shall be released conditionally.  The decision of the board shall be final.

­­--------

(L. 1977 S.B. 60, A.L. 1979 S.B. 234, A.L. 1982 H.B. 1196, A.L. 1984 S.B. 611, A.L. 1990 H.B. 974, A.L. 1994 S.B. 763, A.L. 2003 S.B. 5, A.L. 2014 S.B. 491)

Effective 1-01-17

(2010)  Statutory amendment in 1990 removing conditional release eligibility for inmates convicted of certain violent felonies is constitutional under original purpose, single subject, ex post facto, and retrospective provisions.  Rentschler v. Nixon, 311 S.W.3d 783 (Mo.banc).


---- end of effective   01 Jan 2017 ----

use this link to bookmark section  558.011


 - All versions
Effective End
558.011 1/1/2017
558.011 6/27/2003 1/1/2017

In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Contact
Other Links
Oversight Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@16:03:33.3 41 :)