reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.106 - Lifetime supervision of certain sexual offenders — electronic monitoring — termination at age sixty-five permitted, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 2021, 4 histories
559.106. Lifetime supervision of certain sexual offenders — electronic monitoring — termination at age sixty-five permitted, when. —
1. Notwithstanding any statutory provision to the contrary, when a court grants probation to an offender who has been found guilty of an offense in:
(1) Section 566.030, 566.032, 566.060, 566.062, 566.067, 566.083, 566.100, 566.151, 566.210, 566.211, 568.020, 573.200, or 573.205, based on an act committed on or after August 28, 2006; or
(2) Section 566.068, 566.069, 566.210, 566.211, 573.200, or 573.205 based on an act committed on or after January 1, 2017, against a victim who was less than fourteen years of age and the offender is a prior sex offender as defined in subsection 2 of this section;
­­the court shall order that the offender be supervised by the division of probation and parole for the duration of his or her natural life.
2. For the purpose of this section, a prior sex offender is a person who has previously been found guilty of an offense contained in chapter 566, or violating section 568.020, when the person had sexual intercourse or deviate sexual intercourse with the victim, or of violating subdivision (2) of subsection 1 of section 568.045.
3. When probation for the duration of the offender's natural life has been ordered, a mandatory condition of such probation is that the offender be electronically monitored. Electronic monitoring shall be based on a global positioning system or other technology that identifies and records the offender's location at all times.
4. In appropriate cases as determined by a risk assessment, the court may terminate the probation of an offender who is being supervised under this section when the offender is sixty-five years of age or older.
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(L. 2005 H.B. 353 merged with H.B. 972, A.L. 2006 H.B. 1698, et al., A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.107 - Notification of monitoring to highway patrol — information entered into MULES and sexual offender registry.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 05 Jun 2006, see footnote
559.107. Notification of monitoring to highway patrol — information entered into MULES and sexual offender registry. —
1. The department of corrections shall notify the highway patrol of any offender who is required as a mandatory condition of lifetime supervision to be electronically monitored, under section 217.735 and section 559.106, and shall notify the highway patrol when the supervision of the offender has been terminated in appropriate cases as determined by a risk assessment when the offender is sixty-five years of age or older.
2. The highway patrol shall enter the electronic monitoring of the offender into the Missouri law enforcement system (MULES) and sexual offender registry where it is available to members of the criminal justice system, and other entities as provided by law, upon inquiry.
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(L. 2006 H.B. 1698, et al. § 1)
Effective 6-05-06
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.110 - Bond may be required — forfeiture.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 01 Jan 2017, 3 histories, see footnote
559.110. Bond may be required — forfeiture. —
When the defendant is granted probation or parole by the court, the court before or at the time of granting the probation or parole, may in its discretion require the defendant, with one or more sureties, to enter into bond to the state of Missouri in a sum to be fixed by the court, conditioned that he or she will appear in court as directed during the continuance of the probation or parole, and not depart without leave of court. The bond shall be approved by the court or by the clerk at the direction of the court and forfeiture may be taken and prosecuted to final judgment on the bond in the manner as provided by law in cases of bonds taken for appearance of persons awaiting trial upon information or indictment.
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(L. 1990 H.B. 974, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.120 - Probation may be granted, when — community-based treatment program participation, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 2021, 4 histories
559.120. Probation may be granted, when — community-based treatment program participation, when. —
The circuit court may place a defendant on probation and require his or her participation in a program established pursuant to section 217.777 if, having regard to the nature and circumstances of the offense and to the history and character of the defendant, the court is of the opinion that:
(1) Traditional institutional confinement of the defendant is not necessary for the protection of the public, given adequate supervision; and
(2) The defendant is in need of guidance, training, or other assistance, which, in his or her case, can be effectively administered through participation in a community-based treatment program.
­­If the court holds such opinions and further finds that the defendant is the primary caregiver of one or more dependent children, the court shall consider requiring the defendant to participate in a community-based treatment program.
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(L. 1990 H.B. 974, A.L. 2014 S.B. 491, A.L. 2021 S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.125 - Record of applications for probation or parole to be kept — information to be privileged — exceptions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 2021, 3 histories
559.125. Record of applications for probation or parole to be kept — information to be privileged — exceptions. —
1. The clerk of the court shall keep in a permanent file all applications for probation or parole by the court, and shall keep in such manner as may be prescribed by the court complete and full records of all presentence investigations requested, probations or paroles granted, revoked or terminated and all discharges from probations or paroles. All court orders relating to any presentence investigation requested and probation or parole granted under the provisions of this chapter and sections 558.011 and 558.026 shall be kept in a like manner, and, if the defendant subject to any such order is subject to an investigation or is under the supervision of the division of probation and parole, a copy of the order shall be sent to the division of probation and parole. In any county where a parole board ceases to exist, the clerk of the court shall preserve the records of that parole board.
2. Information and data obtained by a probation or parole officer shall be privileged information and shall not be receivable in any court. Such information shall not be disclosed directly or indirectly to anyone other than the members of a parole board and the judge entitled to receive reports, except the court, the division of probation and parole, or the parole board may in its discretion permit the inspection of the report, or parts of such report, by the defendant, or offender or his or her attorney, or other person having a proper interest therein.
3. The provisions of subsection 2 of this section notwithstanding, the presentence investigation report shall be made available to the state and all information and data obtained in connection with preparation of the presentence investigation report may be made available to the state at the discretion of the court upon a showing that the receipt of the information and data is in the best interest of the state.
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(L. 1990 H.B. 974, A.L. 1995 H.B. 424, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.201 - Board of probation and parole created, 6th, 7th and 16th circuits — powers.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 28 Aug 1990
559.201. Board of probation and parole created, 6th, 7th and 16th circuits — powers. —
1. In each judicial circuit in this state composed of a single county wherein there is located a city having not less than four hundred thousand inhabitants and not more than seven hundred thousand inhabitants, a board of probation and parole is created to be composed of the several circuit judges of the judicial circuit.
2. The circuit judges of the circuit shall by majority vote select one of their number as chairman of the board of probation and parole. The chairman and any two or more of the circuit judges may grant, revoke, alter or terminate probation and paroles as provided for by law in sections 559.012 to 559.036.
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(L. 1990 H.B. 974 § 559.200)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.211 - Board of probation and parole — powers.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 28 Aug 1990
559.211. Board of probation and parole — powers. —
The board may make all needed rules and regulations concerning terms and conditions of probation and parole not inconsistent with the provisions of sections 559.012 to 559.036. No formal or technical form of application for probation or parole shall be required. The time, place and manner of its meetings shall be determined and regulated by a majority of the board of probation and parole.
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(L. 1990 H.B. 974 § 559.210)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.221 - Board of probation and parole — concurrent powers with trial courts.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 28 Aug 1990
559.221. Board of probation and parole — concurrent powers with trial courts. —
The board of probation and parole shall have and exercise concurrent powers of probation and parole with the trial courts of the circuit and shall have the same power and authority as that conferred upon the court, or the judge thereof, under the provisions of sections 559.012 to 559.036.
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(L. 1990 H.B. 974 § 559.220)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.231 - Board of probation and parole — records.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 28 Aug 1990
559.231. Board of probation and parole — records. —
It shall be the duty of said board to keep a record of persons paroled and, as far as possible, of their whereabouts, occupation and conduct, and a record of the final discharge of such persons upon parole, or the revocation of any parole and the reasons therefor.
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(L. 1990 H.B. 974 § 559.230)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.241 - Board of probation and parole — personnel.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 28 Aug 1990
559.241. Board of probation and parole — personnel. —
The board shall appoint a secretary, clerical personnel and probation and parole officers, who shall serve at the pleasure of the board. It shall be the duty of the secretary to keep a full and true record of the proceedings of the board. Under the direction of the board, the secretary shall have general charge of its office, superintend its clerical employees and perform such other duties as the board may prescribe.
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(L. 1990 H.B. 974 § 559.240)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.301 - Board of paroles created, certain circuits — powers.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 28 Aug 1990
559.301. Board of paroles created, certain circuits — powers. —
There is hereby created, in each judicial circuit of this state composed of a single county of the second class, a board of paroles, to be known as such, and consisting of the circuit judges of the circuit court of the county so composing such judicial circuit. The circuit judge of that division of the circuit court to which has been assigned, for the time being, the duty of trying criminal cases, shall be ex officio chairman, and the clerk of the circuit court shall be ex officio clerk of said board of paroles. Such board of paroles is hereby empowered and authorized to consider, grant, revoke, alter, or terminate paroles and to exercise all the powers herein granted and such other powers as may be provided by law.
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(L. 1990 H.B. 974 § 559.300)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.311 - Board of paroles — rules and regulations — meetings — members.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 28 Aug 1990
559.311. Board of paroles — rules and regulations — meetings — members. —
The board shall have power to make all needed rules and regulations concerning terms and conditions of parole and applications for parole as herein provided, but no formal or technical form of application therefor shall be required. The board so constituted shall hold regular meetings at least once in each week and more often if they shall deem it necessary, and all records, hearings and proceedings of the board shall be public and open to the inspection of the public. Whenever either of the members of the board of parole from any cause shall be unable to be present at any meeting or meetings of the board the attorneys of the court who are present but not less in number than five may elect one of its members then in attendance having the qualifications of a circuit judge to act as a temporary member of the board in the place of the member who is absent and the attorney together with the regular member of the board who is present shall have power to hear and determine all applications for parole.
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(L. 1990 H.B. 974 § 559.310)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.321 - Board of paroles — powers.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 28 Aug 1990
559.321. Board of paroles — powers. —
The board of paroles shall have and exercise the same powers of probation and parole and be subject to the same regulations that trial courts are endowed with and provided for by sections 559.012 to 559.036.
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(L. 1990 H.B. 974 § 559.320)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.331 - Board of paroles — duties — records.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
Effective - 28 Aug 1990
559.331. Board of paroles — duties — records. —
It shall be the duty of the board to keep a record of persons paroled and as far as possible of their whereabouts, occupation and conduct, and a record of the final discharge of such person upon parole, or the revocation of any parole revoked and the reasons therefor.
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(L. 1990 H.B. 974 § 559.330)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.600 - Misdemeanor probation may be provided by contract with private entities, not to exclude board of probation and parole — drug testing — travel limits.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 2021, 4 histories
559.600. Misdemeanor probation may be provided by contract with private entities, not to exclude board of probation and parole — drug testing — travel limits. —
1. In cases where the division of probation and parole is not required under section 217.750 to provide probation supervision and rehabilitation services for misdemeanor offenders, the circuit and associate circuit judges in a circuit may contract with one or more private entities or other court-approved entity to provide such services. The court-approved entity, including private or other entities, shall act as a misdemeanor probation office in that circuit and shall, pursuant to the terms of the contract, supervise persons placed on probation by the judges for class A, B, C, and D misdemeanor offenses, specifically including persons placed on probation for violations of section 577.023. Nothing in sections 559.600 to 559.615 shall be construed to prohibit the division of probation and parole, or the court, from supervising misdemeanor offenders in a circuit where the judges have entered into a contract with a probation entity.
2. In all cases, the entity providing such private probation service shall utilize the cutoff concentrations utilized by the department of corrections with regard to drug and alcohol screening for clients assigned to such entity. A drug test is positive if drug presence is at or above the cutoff concentration or negative if no drug is detected or if drug presence is below the cutoff concentration.
3. In all cases, the entity providing such private probation service shall not require the clients assigned to such entity to travel in excess of fifty miles in order to attend their regular probation meetings.
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(L. 1992 S.B. 540 § 1 subsec. 1, A.L. 2008 H.B. 1550, A.L. 2014 S.B. 491, A.L. 2018 H.B. 1355, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.602 - Private entities to make application to circuit court to provide misdemeanor probation — contract content — procedure — withdrawal of board, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 2021, 2 histories
559.602. Private entities to make application to circuit court to provide misdemeanor probation — contract content — procedure — withdrawal of board, when. —
A private entity seeking to provide probation supervision and rehabilitation services to misdemeanor offenders shall make timely written application to the judges in a circuit. When approved by the judges of a circuit, the application, the judicial order of approval and the contract shall be forwarded to the division of probation and parole. The contract shall contain the responsibilities of the private entity, including the offenses for which persons will be supervised. The division may then withdraw supervision of misdemeanor offenders which are to be supervised by the court-approved private entity in that circuit.
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(L. 1992 S.B. 540 § 1 subsec. 2, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.604 - Cost of misdemeanor probation to be paid by offenders, exceptions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 01 Jan 2017, 2 histories, see footnote
559.604. Cost of misdemeanor probation to be paid by offenders, exceptions. —
Neither the state of Missouri nor any county of the state shall be required to pay any part of the cost of probation and rehabilitation services provided to misdemeanor offenders under sections 559.600 to 559.615. The person placed on probation shall contribute not less than thirty dollars or more than fifty dollars per month to the private entity providing him or her with supervision and rehabilitation services. The amount of the contribution shall be determined by the sentencing court. The court may exempt a person from all or part of the foregoing contribution if it finds any of the following factors to exist:
(1) The offender has diligently attempted, but has been unable, to obtain employment which provides him or her sufficient income to make such payments;
(2) The offender is a student in a school, college, university or course of vocational or technical training designed to fit the student for gainful employment. Certification of such student status shall be supplied to the court by the educational institution in which the offender is enrolled;
(3) The offender has an employment handicap, as determined by a physical, psychological or psychiatric examination acceptable to or ordered by the court;
(4) The offender's age prevents him or her from obtaining employment;
(5) The offender is responsible for the support of dependents, and the payment of such contribution constitutes an undue hardship on the offender;
(6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments; or
(7) The offender has been transferred outside the state under an interstate compact adopted pursuant to law.
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(L. 1992 S.B. 540 § 1 subsec. 3, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.607 - Municipal ordinance violations, probation may be contracted for by municipal courts, procedure — cost to be paid by offenders, exceptions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 2021, 2 histories
559.607. Municipal ordinance violations, probation may be contracted for by municipal courts, procedure — cost to be paid by offenders, exceptions. —
1. Judges of the municipal division in any circuit, acting through a chief or presiding judge, either may contract with a private or public entity or may employ any qualified person to serve as the city's probation officer to provide probation and rehabilitation services for persons placed on probation for violation of any ordinance of the city, specifically including the offense of operating or being in physical control of a motor vehicle while under the influence of intoxicating liquor or narcotic drugs. The contracting city shall not be required to pay for any part of the cost of probation and rehabilitation services authorized under sections 559.600 to 559.615. Persons found guilty or pleading guilty to ordinance violations and placed on probation by municipal or city court judges shall contribute a service fee to the court in the amount set forth in section 559.604 to pay the cost of their probation supervision provided by a probation officer employed by the court or by a contract probation officer as provided for in section 559.604.
2. When approved by municipal court judges in the municipal division, the application, judicial order of approval, and the contract shall be forwarded to and filed with the division of probation and parole. The court-approved private or public entity or probation officer employed by the court shall then function as the probation office for the city, pursuant to the terms of the contract or conditions of employment and the terms of probation ordered by the judge. Any city in this state which presently does not have probation services available for persons convicted of its ordinance violations, or that contracts out those services with a private entity, may, under the procedures authorized in sections 559.600 to 559.615, contract with and continue to contract with a private entity or employ any qualified person and contract with the municipal division to provide such probation supervision and rehabilitation services.
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(L. 1992 S.B. 540 § 1 subsecs. 4, 5, A.L. 2005 H.B. 58 merged with H.B. 353, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.609 - Qualifications and factors considered by judges in approving private entities to serve as probation offices.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 1992
559.609. Qualifications and factors considered by judges in approving private entities to serve as probation offices. —
The associate circuit or municipal judges approving the private entity to function as a probation office shall base their decision on factors such as length of time in the probation field, experience in supervising various types of offenders, the financial ability to operate a probation office in the jurisdiction, and other factors as the judges deem necessary and relevant.
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(L. 1992 S.B. 540 § 1 subsec. 6)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.612 - Bids to be made by private entities — minimum duration for contracts — termination for cause prior to expiration permitted.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 1992
559.612. Bids to be made by private entities — minimum duration for contracts — termination for cause prior to expiration permitted. —
Judges shall solicit applications and proposals in accordance with provisions of chapter 34 on bids and requests for proposals. The minimum length of any probation services contract entered into by either associate circuit or municipal judges shall be three years. However, the judges shall have the right to terminate the contract for cause prior to its expiration date.
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(L. 1992 S.B. 540 § 1 subsec. 7)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.615 - Nepotism or financial interest by judges or certain other elected county officials, in private entities, prohibited.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 1997
559.615. Nepotism or financial interest by judges or certain other elected county officials, in private entities, prohibited. —
No judge, nor any person related within the third degree of consanguinity or affinity to a judge or any other county elected official with direct court supervision responsibilities, may have a material financial interest in any private entity which contracts to provide probation supervision or rehabilitation services pursuant to sections 559.600 to 559.615.
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(L. 1992 S.B. 540 § 1 subsec. 8, A.L. 1997 S.B. 248)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.630 - Definitions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 1998
559.630. Definitions. —
As used in sections 559.630 to 559.635, the following words and phrases mean:
(1)
"Required educational assessment and community treatment program"
, a program certified by the department of mental health to provide education or rehabilitation services pursuant to a professional assessment screening to identify the individual needs of the person who has been referred to the program as the result of a drug offense;
(2)
"Substance abuse specialist"
, a person who is qualified under the regulations of the department of mental health as a qualified instructor or professional to provide services in an alcohol and drug offender education program.
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(L. 1998 H.B. 1147, et al. § 2)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.633 - Court to order participation in program, when — fees determined by department of corrections — supplemental fee to be deposited in correctional substance abuse earnings fund.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 01 Jan 2017, 2 histories, see footnote
559.633. Court to order participation in program, when — fees determined by department of corrections — supplemental fee to be deposited in correctional substance abuse earnings fund. —
1. Upon a finding of guilt for a felony offense pursuant to chapter 195 or 579, except for those offenses in which there exists a statutory prohibition against either probation or parole, when placing the person on probation, the court shall order the person to begin a required educational assessment and community treatment program within the first sixty days of probation as a condition of probation. Persons who are placed on probation after a period of incarceration pursuant to section 559.115 may not be required to participate in a required educational assessment and community treatment program.
2. The fees for the required educational assessment and community treatment program, or a portion of such fees, to be determined by the department of corrections, shall be paid by the person receiving the assessment. Any person who is assessed shall pay, in addition to any fee charged for the assessment, a supplemental fee of sixty dollars. The administrator of the program shall remit to the department of corrections the supplemental fees for all persons assessed, less two percent for administrative costs. The supplemental fees received by the department of corrections pursuant to this section shall be deposited in the correctional substance abuse earnings fund created pursuant to section 559.635.
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(L. 1998 H.B. 1147, et al. § 3, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.635 - Correctional substance abuse earnings fund, use, rules.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 1998
559.635. Correctional substance abuse earnings fund, use, rules. —
1. There is hereby created in the state treasury a fund to be known as the "Correctional Substance Abuse Earnings Fund". The state treasurer shall credit to the fund any interest earned from investing the moneys in the fund. Notwithstanding the provisions of section 33.080, money in the correctional substance abuse earnings fund shall not be transferred and placed to the credit of general revenue at the end of the biennium.
2. Fees received pursuant to the required educational assessment and community treatment program shall be deposited in the correctional substance abuse earnings fund. The moneys received from such fees shall be appropriated solely for assistance in securing alcohol and drug rehabilitation services.
3. The department of corrections and the department of mental health shall promulgate rules and regulations to implement and administer the provisions of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.
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(L. 1998 H.B. 1147, et al. § 4)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 561 - Collateral Consequences of Conviction › Section 561.016 - Basis of disqualification or disability.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 561
• Effective - 01 Jan 2017, 2 histories, see footnote
561.016. Basis of disqualification or disability. —
1. No person shall suffer any legal disqualification or disability because of a finding of guilt or conviction of an offense or the sentence on his conviction, unless the disqualification or disability involves the deprivation of a right or privilege which is:
(1) Necessarily incident to execution of the sentence of the court; or
(2) Provided by the Constitution or the code; or
(3) Provided by a statute other than the code, when the conviction is of an offense defined by such statute; or
(4) Provided by the judgment, order or regulation of a court, agency or official exercising a jurisdiction conferred by law, or by the statute defining such jurisdiction, when the commission of the offense or the conviction or the sentence is reasonably related to the competency of the individual to exercise the right or privilege of which he or she is deprived.
2. Proof of a conviction as relevant evidence upon the trial or determination of any issue, or for the purpose of impeaching the convicted person as a witness, is not a disqualification or disability within the meaning of this chapter.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 561 - Collateral Consequences of Conviction › Section 561.021 - Forfeiture of public office — disqualification.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 561
• Effective - 01 Jan 2017, 2 histories, see footnote
561.021. Forfeiture of public office — disqualification. —
1. A person holding any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof, who is convicted of an offense shall, upon sentencing, forfeit such office if:
(1) He or she is convicted under the laws of this state of a felony or under the laws of another jurisdiction of an offense which, if committed within this state, would be a felony, or he or she pleads guilty or nolo contendere of such an offense; or
(2) He or she is convicted of or pleads guilty or nolo contendere to an offense involving misconduct in office, or dishonesty; or
(3) The Constitution or a statute other than the code so provides.
2. Except as provided in subsection 3 of this section, a person who pleads guilty or nolo contendere or is convicted under the laws of this state of a felony or under the laws of another jurisdiction of an offense which, if committed within this state, would be a felony, shall be ineligible to hold any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof, until the completion of his or her sentence or period of probation.
3. A person who pleads guilty or nolo contendere or is convicted under the laws of this state or under the laws of another jurisdiction of a felony connected with the exercise of the right of suffrage shall be forever disqualified from holding any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof.
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(L. 1977 S.B. 60, A.L. 1991 S.B. 262, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 561 - Collateral Consequences of Conviction › Section 561.026 - Disqualification from voting and jury service.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 561
• Effective - 01 Jan 2017, 2 histories, see footnote
561.026. Disqualification from voting and jury service. —
Notwithstanding any other provision of law except for section 610.140, a person who is convicted:
(1) Of any offense shall be disqualified from registering and voting in any election under the laws of this state while confined under a sentence of imprisonment;
(2) Of a felony or misdemeanor connected with the exercise of the right of suffrage shall be forever disqualified from registering and voting;
(3) Of any felony shall be forever disqualified from serving as a juror.
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(L. 1977 S.B. 60, A.L. 1982 H.B. 1600, A.L. 2012 H.B. 1647, A.L. 2014 S.B. 491)
Effective 1-01-17
(1987) This disqualification together with others in Missouri law means that Missouri has not substantially preserved or restored the civil rights of former felons for the purpose of permitting possession of a firearm by the felon pursuant to federal law. United States v. Presley, 667 F.Supp. 678 (W.D. Mo.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 561 - Collateral Consequences of Conviction › Section 561.031 - Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed circuit television, when — requirements.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 561
Effective - 28 Aug 2009
561.031. Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed circuit television, when — requirements. —
1. In the following proceedings, the provisions of section 544.250, 544.270, 544.275, 546.030, or of any other statute, or the provisions of supreme court rules 21.10, 22.07, 24.01, 24.02, 27.01, 29.07, 31.02, 31.03, 36.01, 37.16, 37.47, 37.48, 37.50, 37.57, 37.58, 37.59, and 37.64 to the contrary notwithstanding, when the physical appearance in person in court is required of any person, such personal appearance may be made by means of two-way audio-visual communication, including but not limited to closed circuit television or computerized video conferencing; provided that such audio-visual communication facilities provide two-way audio-visual communication between the court and the person:
(1) First appearance before an associate circuit judge on a criminal complaint;
(2) Waiver of preliminary hearing and preliminary hearing with consent of the defendant;
(3) Arraignment on an information or indictment where a plea of not guilty is entered;
(4) Arraignment on an information or indictment where a plea of guilty is entered upon waiver of any right such person might have to be physically present;
(5) Any pretrial or posttrial criminal proceeding not allowing the cross-examination of witnesses;
(6) Sentencing after conviction at trial upon waiver of any right such person might have to be physically present;
(7) Sentencing after entry of a plea of guilty;
(8) Any civil proceeding other than trial by jury;
(9) Any civil or criminal proceeding which is not required to be a matter of record; and
(10) Any civil or criminal proceeding by the consent of the parties.
2. This section shall not prohibit other appearances via closed circuit television upon waiver of any right such person held in custody or confinement might have to be physically present.
3. Nothing contained in this section shall be construed as establishing a right for any person held in custody to appear on television or as requiring that any governmental entity or place of custody or confinement provide a two-way audio-visual communication system.
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(L. 1988 H.B. 1344 § 1, A.L. 1990 H.B. 974 merged with S.B. 558, A.L. 1999 H.B. 257, A.L. 2009 H.B. 62 merged with H.B. 481)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.011 - Voluntary act.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.011. Voluntary act. —
1. A person is not guilty of an offense unless his or her liability is based on conduct which includes a voluntary act.
2. A
"voluntary act"
is:
(1) A bodily movement performed while conscious as a result of effort or determination; or
(2) An omission to perform an act of which the actor is physically capable.
3. Possession is a voluntary act if the possessor knowingly procures or receives the thing possessed, or having acquired control of it was aware of his or her control for a sufficient time to have enabled him or her to dispose of it or terminate his or her control.
4. A person is not guilty of an offense based solely upon an omission to perform an act unless the law defining the offense expressly so provides, or a duty to perform the omitted act is otherwise imposed by law.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.012 - Attempt — guilt for an offense may be based on.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, see footnote
562.012. Attempt — guilt for an offense may be based on. —
1. Guilt for an offense may be based upon an attempt to commit an offense if, with the purpose of committing the offense, a person performs any act which is a substantial step towards the commission of the offense. A
"substantial step"
is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.
2. It is no defense to a prosecution that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.
3. Unless otherwise set forth in the statute creating the offense, when guilt for a felony or misdemeanor is based upon an attempt to commit that offense, the felony or misdemeanor shall be classified one step lower than the class provided for the felony or misdemeanor in the statute creating the offense.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Transferred 2014; formerly 564.011; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.014 - Conspiracy, offense of — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 28 Aug 2020, 3 histories
562.014. Conspiracy, offense of — penalty. —
1. A person commits the offense of conspiracy to commit, in any manner or for any purpose, an offense if the person agrees, with one or more persons, to commit any class A, B, or C felony offense, or any unclassified felony offenses if the maximum term of imprisonment for such unclassified felony exceeds ten years or more, and one or more of such persons do any act in furtherance of such an agreement.
2. It is no defense to a prosecution for conspiring to commit an offense that a person, who knows that a person with whom he or she conspires to commit an offense has conspired with another person or persons to commit the same offense, does not know the identity of such other person or persons.
3. If a person conspires to commit a number of offenses, he or she can be found guilty of only one offense of conspiracy so long as such multiple offenses are the object of the same agreement.
4. (1) No person shall be convicted of conspiracy to commit an offense if, after conspiring to commit the offense, he or she prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of his or her criminal purpose.
(2) The defendant shall have the burden of injecting the issue of renunciation of criminal purpose under subdivision (1) of this subsection.
5. For the purpose of time limitations on prosecutions:
(1) A conspiracy to commit an offense is a continuing course of conduct which terminates when the offense or offenses which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he or she conspired;
(2) If an individual abandons the agreement, the conspiracy is terminated as to him or her only if he or she advises those with whom he or she has conspired of his or her abandonment or he or she informs the law enforcement authorities of the existence of the conspiracy and of his or her participation in it.
6. The offense of conspiracy to commit an offense is a class C felony.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2016 H.B. 2332, A.L. 2020 S.B. 600)
Transferred 2014; formerly 564.016; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.016 - Culpable mental state.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.016. Culpable mental state. —
1. Except as provided in section 562.026, a person is not guilty of an offense unless he or she acts with a culpable mental state, that is, unless he or she acts purposely or knowingly or recklessly or with criminal negligence, as the statute defining the offense may require with respect to the conduct, the result thereof or the attendant circumstances which constitute the material elements of the crime.
2. A person
"acts purposely"
, or with purpose, with respect to his or her conduct or to a result thereof when it is his or her conscious object to engage in that conduct or to cause that result.
3. A person
"acts knowingly"
, or with knowledge:
(1) With respect to his or her conduct or to attendant circumstances when he or she is aware of the nature of his or her conduct or that those circumstances exist; or
(2) With respect to a result of his or her conduct when he or she is aware that his or her conduct is practically certain to cause that result.
4. A person
"acts recklessly"
or is reckless when he or she consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
5. A person
"acts with criminal negligence"
or is criminally negligent when he or she fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17