MO SB653

Repeals and re-enacts section 559.115, RSMo, relating to probation, parole, and the shock incarceration program for offenders in the Department of Corrections.

Circuit courts may grant probation to offenders up to 120 days after delivery to the Department of Corrections, only upon the court's own motion, and may recommend placement in a 120-day Department of Corrections program.

Upon successful completion of a shock incarceration program, the Board of Probation and Parole must advise the sentencing court of the probationary release date 30 days prior to release, and the court must follow the department's recommendation unless it determines probation is inappropriate.

Probation is prohibited for offenders who pleaded guilty to, been found guilty of, or been convicted of any felony offense under chapter 566 committed against a victim less than 17 years of age, as well as murder in the second degree, forcible rape, forcible sodomy, child abuse (class A felony), or those found to be predatory sexual offenders.

An offender's first 120-day incarceration for program participation shall not be considered a previous prison commitment for purposes of determining minimum prison terms.