When someone is found guilty of or pleads guilty to a crime, the court can order that person to pay money back to the victim for losses caused by the crime. A person on probation cannot be let off probation until that money is fully paid — if it is not paid in time, the court extends probation to the longest time allowed. A person on parole also must pay that money back as part of parole, and cannot be released from parole until it is paid or the maximum parole time runs out. Money owed can be taken from a prison account while the person is locked up, and any leftover amount can be collected after release.
Note: Courts have held this law cannot be applied to pleas entered before 2013 (ex post facto).
559.105. may be ed, when — on from — amount of restitution. — 1. Any person who has been of or has pled guilty to an may be ordered by the court to make restitution to the victim for the victim's losses due to such offense. Restitution this section shall include, but not be limited to a victim's reasonable expenses to participate in the of the crime.
2. No person ordered by the court to pay restitution pursuant to this section shall be released from probation until such restitution is complete. If full restitution is not made within the original term of probation, the court shall order the maximum term of probation allowed for such offense.
3. Any person eligible to be released on shall be required, as a condition of parole, to make restitution pursuant to this section. The shall not release any person from any term of parole for such offense until the person has completed such restitution, or until the maximum term of parole for such offense has been .
4. The court may set an amount of restitution to be paid by the . Said amount may be taken from the 's account at the while the defendant is . Upon or parole, if any amount of such court-ordered restitution is unpaid, the payment of the unpaid balance may be collected as a condition of conditional release or parole by the or under section 559.100. The prosecuting attorney or circuit attorney may refer any failure to make such restitution as a condition of conditional release or parole to the parole board for .
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 2005 H.B. 353, A.L. 2013 H.B. 215, A.L. 2021 S.B. 26 merged with S.B. 53 & 60) (2017) Application of section, amended in 2013 to allow sentencing court to require both payment of restitution as well as serving a prison term, to defendant who pleaded guilty prior to effective date of amended section was unconstitutional ex post facto law. Bellamy v. State, 525 S.W.3d 166 (Mo.App.W.D.).
Related Missouri laws
Lifetime supervision of certain sexual offenders
RSMo 559.106
Notification of monitoring to highway patrol
RSMo 559.107
Circuit courts, power to place on probation or parole
RSMo 559.100
Bond may be required
RSMo 559.110
Appeals, probation not to be granted, when
RSMo 559.115
Mental health assessment pilot program
RSMo 559.117
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.