When someone gets more than one prison sentence, the sentences usually run at the same time (called concurrent). But if the crimes involve serious sex offenses like first-degree rape or first-degree sodomy, those sentences must run one after another (called consecutive), making the total time longer. If someone is on probation or parole and commits a new crime, the judge decides how the new prison time lines up with any punishment from breaking probation or parole.
558.026. and terms of imprisonment. — 1. Multiple sentences of imprisonment shall unless the court specifies that they shall run consecutively; except in the case of multiple sentences of imprisonment imposed for any committed during or at the same time as, or multiple offenses of, the following felonies:
(1) Rape in the first degree, , or rape;
(2) ;
(3) in the first degree, , or sodomy;
(4) ; or
(5) An attempt to commit any of the felonies listed in this . In such case, the sentence of imprisonment imposed for any listed in this subsection or an attempt to commit any of the aforesaid shall run consecutively to the other sentences. The sentences imposed for any other offense may run concurrently.
2. If a person who is on , or is sentenced to a term of imprisonment for an offense committed after the granting of probation or parole or after the start of his or her , the court shall direct the manner in which the sentence or sentences imposed by the court shall run with respect to any resulting probation, parole or conditional release term or terms. If the subsequent sentence to imprisonment is in another , the court shall specify how any resulting probation, parole or conditional release revocation term or terms shall run with respect to the foreign sentence of imprisonment.
3. A court may cause any sentence it imposes to run concurrently with a sentence an individual is serving or is to serve in another state or in a federal correctional center. If the Missouri sentence is in another state or in a federal correctional center, subsection 4 of section 558.011 and section 217.690 shall apply as if the individual were serving his or her sentence within the of the state of Missouri, except that a personal before the shall not be required for parole .
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Source & history notes
(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1982 H.B. 1196, A.L. 1983 H.B. 713 Revision, A.L. 1995 H.B. 424, A.L. 2013 H.B. 215, A.L. 2021 S.B. 26 merged with S.B. 53 & 60) (1985) Court construed this section to mandate consecutive sentences for rape and sodomy committed by defendant at the same time. Adams v. State, 688 S.W.2d 401 (Mo.App.). (1991) Although statute requires consecutive sentences any time a sex crime is committed at the same time as any other felony, even if the additional felony is also a sex crime, the sentencing court has discretion to run sentences concurrently, when a defendant's convictions consist only of sex offenses. State v. Harger, 804 S.W.2d 35 (Mo. App.).
Related Missouri laws
Extended term procedures
RSMo 558.021
Calculation of terms of imprisonment
RSMo 558.031
Prior felony convictions, minimum prison terms
RSMo 558.019
Extended terms for prior criminal conduct
RSMo 558.016
Sentence of imprisonment, terms
RSMo 558.011
"Good time" credit, exceptions
RSMo 558.041
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