217.362. Program for offenders with substance abuse addiction--eligibility, disposition, placement--completion, effect.

MISSOURI STATUTES AND CODES

217.362. Program for offenders with substance abuse addiction--eligibility, disposition, placement--completion, effect.

Program for offenders with substance abuse addiction--eligibility,disposition, placement--completion, effect.

217.362. 1. The department of corrections shall design and implementan intensive long-term program for the treatment of chronic nonviolentoffenders with serious substance abuse addictions who have not pleadedguilty to or been convicted of a dangerous felony as defined in section556.061, RSMo.

2. Prior to sentencing, any judge considering an offender for thisprogram shall notify the department. The potential candidate for theprogram shall be screened by the department to determine eligibility. Thedepartment shall, by regulation, establish eligibility criteria and informthe court of such criteria. The department shall notify the court as tothe offender's eligibility and the availability of space in the program.Notwithstanding any other provision of law to the contrary, except asprovided for in section 558.019, RSMo, if an offender is eligible and thereis adequate space, the court may sentence a person to the program whichshall consist of institutional drug or alcohol treatment for a period of atleast twelve and no more than twenty-four months, as well as a term ofincarceration. The department shall determine the nature, intensity,duration, and completion criteria of the education, treatment, andaftercare portions of any program services provided. Execution of theoffender's term of incarceration shall be suspended pending completion ofsaid program. Allocation of space in the program may be distributed by thedepartment in proportion to drug arrest patterns in the state. If the courtis advised that an offender is not eligible or that there is no spaceavailable, the court shall consider other authorized dispositions.

3. Upon successful completion of the program, the board of probationand parole shall advise the sentencing court of an offender's probationaryrelease date thirty days prior to release. If the court determines thatprobation is not appropriate the court may order the execution of theoffender's sentence.

4. If it is determined by the department that the offender has notsuccessfully completed the program, or that the offender is notcooperatively participating in the program, the offender shall be removedfrom the program and the court shall be advised. Failure of an offender tocomplete the program shall cause the offender to serve the sentenceprescribed by the court and void the right to be considered for probationon this sentence.

5. An offender's first incarceration in a department of correctionsprogram pursuant to this section prior to release on probation shall not beconsidered a previous prison commitment for the purpose of determining aminimum prison term pursuant to the provisions of section 558.019, RSMo.