MO HB830

Circuit courts may grant probation to offenders within 120 days of delivery to the Department of Corrections, upon the court's own motion only, with consideration of department recommendations regarding the offender's behavior during incarceration.

The Department of Corrections shall assess offenders for placement in 120-day programs, which may include shock incarceration or institutional treatment programs, and the court shall follow the department's recommendation for probation upon successful completion unless the court determines probation is inappropriate after conducting a hearing.

If an offender is not eligible for or is removed from a 120-day program, the court may place the offender in private approved programs, other available programs, or order probation while awaiting treatment appointment for class C or D nonviolent felonies.

Courts shall request the Department of Corrections conduct a sexual offender assessment for defendants convicted of class B sexual abuse felonies, and the department shall provide a report and recommendations; this assessment is not considered a 120-day program.

Probation may not be granted under this section for offenders convicted of murder in the second degree, forcible rape, forcible sodomy, certain sexual abuse offenses, predatory sexual offenders, or offenses with statutory probation or parole prohibitions.