217.364. Offenders under treatment program, placement, rules--eligibility--use, purpose, availability--failure to complete.

MISSOURI STATUTES AND CODES

217.364. Offenders under treatment program, placement, rules--eligibility--use, purpose, availability--failure to complete.

Offenders under treatment program, placement, rules--eligibility--use,purpose, availability--failure to complete.

217.364. 1. The department of corrections shall establish byregulation the "Offenders Under Treatment Program". The program shallinclude institutional placement of certain offenders, as outlined insubsection 3 of this section, under the supervision and control of thedepartment of corrections. The department shall establish rulesdetermining how, when and where an offender shall be admitted into orremoved from the program.

2. As used in this section, the term "offenders under treatmentprogram" means a one-hundred-eighty-day institutional correctional programfor the monitoring, control and treatment of certain substance abuseoffenders and certain nonviolent offenders followed by placement on parolewith continued supervision.

3. The following offenders may participate in the program asdetermined by the department:

(1) Any nonviolent offender who has not previously been remanded tothe department and who has pled guilty or been found guilty of violatingthe provisions of chapter 195, RSMo, or whose substance abuse was aprecipitating or contributing factor in the commission of his offense; or

(2) Any nonviolent offender who has pled guilty or been found guiltyof a crime which did not involve the use of a weapon, and who has notpreviously been remanded to the department.

4. This program shall be used as an intermediate sanction by thedepartment. The program may include education, treatment andrehabilitation programs. If an offender successfully completes theinstitutional phase of the program, the department shall notify the boardof probation and parole within thirty days of completion. Uponnotification from the department that the offender has successfullycompleted the program, the board of probation and parole may at itsdiscretion release the offender on parole as authorized in subsection 1 ofsection 217.690.

5. The availability of space in the institutional programshall be determined by the department of corrections.

6. If the offender fails to complete the program, the offender shallbe taken out of the program and shall serve the remainder of his sentencewith the department.

7. Time spent in the program shall count as time served on thesentence.