When someone is convicted and sent to prison, their sentence starts the day they arrive at the place where they will serve time. Any time they already spent in jail or custody because of that same offense counts toward their sentence. If someone escapes from custody, the clock on their sentence stops until they are brought back. If an old sentence gets thrown out and a new one is given, the time already served counts toward the new sentence. If someone on parole breaks the rules, the parole board can send them back to serve the rest of their time.
558.031. Calculation of terms of imprisonment — for jail time awaiting trial, requirements. — 1. A sentence of imprisonment shall commence when a person of an in this state is received into the of the or other place of where the is sentenced.
2. Such person shall receive credit toward the of a sentence of imprisonment for all time in prison, jail or custody after the offense occurred and before the of the sentence, when the time in custody was related to that offense. This credit shall be based upon the of the sheriff as provided in (3) of 2 of section 217.305 and may be supplemented by a of a sheriff or other from another having held the person on the charge of the offense for which the sentence of imprisonment is ordered.
3. The officer required by law to a person convicted of an offense in this state to the department of corrections shall endorse upon the papers required by section 217.305 both the dates the offender was in custody and the period of time to be toward the service of the sentence of imprisonment, except as by such officer.
4. If a person convicted of an offense escapes from custody, such escape shall interrupt the sentence. The interruption shall continue until such person is returned to the correctional center where the sentence was being , or in the case of a person committed to the custody of the department of corrections, to any correctional center operated by the department of corrections. An escape shall also interrupt the jail time credit to be applied to a sentence which had not when the escape occurred.
5. If a sentence of imprisonment is and a new sentence imposed upon the offender for that offense, all time served under the shall be credited against the new sentence, unless the time has already been credited to another sentence as provided in subsection 1 of this section.
6. If a person d from imprisonment on or serving a violates any of the conditions of his or her parole or release, he or she may be treated as a . If the the parole or , the person shall serve the of the prison term and conditional release term, as an additional prison term, and the conditionally released person shall serve the remainder of the conditional release term as a prison term, unless released on parole.
7. Subsection 2 of this section shall be applicable to offenses for which the offender was sentenced on or after August 28, 2023.
8. The total amount of credit given shall not exceed the number of days spent in prison, jail, or custody after the offense occurred and before the commencement of the sentence.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1977 S.B. 60, A.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, A.L. 2023 S.B. 186)
Related Missouri laws
Concurrent and consecutive terms of imprisonment
RSMo 558.026
Extended term procedures
RSMo 558.021
"Good time" credit, exceptions
RSMo 558.041
Prior felony convictions, minimum prison terms
RSMo 558.019
Extended terms for prior criminal conduct
RSMo 558.016
Reduction of term of sentence, conditions
RSMo 558.046
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.