559.036. Duration of probation — revocation.
Explains how long probation lasts and what happens if it’s violated
This law covers how probation terms begin, how they can be extended or ended early, what happens after a probation violation, and when a person can be sent to a 120-day intervention program instead of jail.
1. Probation starts the day it’s given. All Missouri probation terms run at the same time, even if given at different times. They also run with any other state or federal sentence.
2. A judge can end probation early or extend it one time—possibly twice if the person admits or is found to have violated probation. The total time can’t go beyond what’s allowed under §559.016. Time when probation is suspended doesn’t count toward the total. Courts can set their own rules for handling early ends, extensions, or discharges.
3. If someone breaks the rules, the court may keep them on probation and either adjust the terms or extend the time.
4. If changing probation isn’t enough and the person doesn’t agree to revocation, the court must place the person in a 120-day Department of Corrections program if all of the following are true:
- The offense was a class D or E felony, or from Chapter 579 or former Chapter 195 (unless it involves serious crimes like sexual assault, child abuse, etc.)
- The violation isn’t due to the person running away (“absconder”) or being charged/arrested for a new offense
- The person didn’t violate a stay-away or weapons condition
- The person hasn’t already done a 120-day program for the same offense
4 continued.
- The Department of Corrections decides which 120-day program fits: behavioral intervention or treatment
- The program time starts once the person is received by the Department—not from when the judge orders it
- If completed successfully, the person returns to probation with no extra penalties for that violation
- If the person fails the program, they’re removed within 15 working days, unless the court issues a warrant
- Time spent in the program counts as time served if jail is later ordered
5. If the person agrees to revocation, or isn’t eligible for the 120-day program and probation can’t be continued, the court may:
- Execute the original sentence
- If no sentence was previously imposed, give a new one
- Give credit for time already served on probation
- Give the person a second probation term, regardless of time spent on the first
6. The person must be notified and allowed a hearing before probation is revoked. At least five business days before the hearing, the judge must inform the person that they may request a lawyer if they can’t afford one. If the request is denied, the judge must explain why on the record.
7. The prosecutor or the court can ask for revocation at any time during probation. The person must be served with notice. A warrant can be issued, and the court can suspend probation while waiting to decide. That time doesn’t count toward the probation term unless the court later credits it.
8. The court can revoke probation any time during the term and for a short time after if:
- There’s a clear sign that the court planned to hold a revocation hearing
- Efforts were made to notify the person and hold the hearing on time
- If the delay is the person’s fault or they agreed to it, the delay is allowed
9. People sentenced before January 1, 2017, for offenses that were once eligible for 120-day programs still qualify if they meet the other conditions listed in subsection 4.
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