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RSMo 559.026effective 28 Aug 2021

Detention condition of probation

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In plain English

When a judge puts someone on probation, the judge can also require that person to spend short time in jail as part of that probation. If a probation officer decides the person broke a probation rule, the person can be held up to 48 hours. In misdemeanor cases, the total detention time cannot go over 30 days or the maximum jail time for that crime, whichever is shorter. In felony cases, it cannot go over 120 days. If probation is later taken away and the person goes to prison, any time already spent in jail as a probation condition counts toward that prison sentence.

Word-for-word law

559.026. condition of . — Except in cases, when probation is granted, the court, in addition to conditions imposed section 559.021, may require as a condition of probation that the submit to a period of detention up to forty-eight hours after the by a that the offender violated a condition of continued probation or in an institution at whatever time or intervals within the period of probation, or nonconsecutive, the court shall , or the shall direct. Any person placed on probation in a or or in any city with a population of five hundred thousand or more and as herein provided shall be subject to all of section 221.170, even though he or she was not and sentenced to a jail or .

(1) In cases, the period of detention under this section shall not exceed the shorter of thirty days or the maximum term of imprisonment for the misdemeanor by chapter 558.

(2) In cases, the period of detention under this section shall not exceed one hundred twenty days.

(3) If probation is and a term of imprisonment is by reason thereof, the time spent in a jail, , honor center, workhouse or other institution as a detention condition of probation shall be against the prison or jail term served for the in connection with which the detention condition was imposed.

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Source & history notes

(L. 1977 S.B. 60, A.L. 1995 H.B. 424, A.L. 2003 S.B. 5, A.L. 2004 S.B. 1211, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 559.026: Detention condition of probation | KnowMo Laws