217.720. Arrest of person paroled or on conditional release--report--procedure--revocation of parole or release--effect of sentence--arrest of parolee from another state.

MISSOURI STATUTES AND CODES

217.720. Arrest of person paroled or on conditional release--report--procedure--revocation of parole or release--effect of sentence--arrest of parolee from another state.

Arrest of person paroled or on conditionalrelease--report--procedure--revocation of parole orrelease--effect of sentence--arrest of parolee from anotherstate.

217.720. 1. At any time during release on parole orconditional release the board may issue a warrant for the arrestof a released offender for violation of any of the conditions ofparole or conditional release. The warrant shall authorize anylaw enforcement officer to return the offender to the actualcustody of the correctional center from which the offender wasreleased, or to any other suitable facility designated by theboard. If any parole or probation officer has probable cause tobelieve that such offender has violated a condition of parole orconditional release, the probation or parole officer may issue awarrant for the arrest of the offender. The probation or paroleofficer may effect the arrest or may deputize any officer withthe power of arrest to do so by giving the officer a copy of thewarrant which shall outline the circumstances of the allegedviolation and contain the statement that the offender has, in thejudgment of the probation or parole officer, violated conditionsof parole or conditional release. The warrant delivered with theoffender by the arresting officer to the official in charge ofany facility designated by the board to which the offender isbrought shall be sufficient legal authority for detaining theoffender. After the arrest the parole or probation officer shallpresent to the detaining authorities a similar statement of thecircumstances of violation. Pending hearing as hereinafterprovided, upon any charge of violation, the offender shall remainin custody or incarcerated without consideration of bail.

2. If the offender is arrested under the authority grantedin subsection 1 of this section, the offender shall have theright to a preliminary hearing on the violation charged unlessthe offender waives such hearing. Upon such arrest anddetention, the parole or probation officer shall immediatelynotify the board and shall submit in writing a report showing inwhat manner the offender has violated the conditions of hisparole or conditional release. The board shall order theoffender discharged from such facility, require as a condition ofparole or conditional release the placement of the offender in atreatment center operated by the department of corrections, orshall cause the offender to be brought before it for a hearing onthe violation charged, under such rules and regulations as theboard may adopt. If the violation is established and found, theboard may continue or revoke the parole or conditional release,or enter such other order as it may see fit. If no violation isestablished and found, then the parole or conditional releaseshall continue. If at any time during release on parole orconditional release the offender is arrested for a crime whichlater leads to conviction, and sentence is then served outsidethe Missouri department of corrections, the board shall determinewhat part, if any, of the time from the date of arrest untilcompletion of the sentence imposed is counted as time servedunder the sentence from which the offender was paroled orconditionally released.

3. An offender for whose return a warrant has been issuedby the board shall, if it is found that the warrant cannot beserved, be deemed to be a fugitive from justice or to have fledfrom justice. If it shall appear that the offender has violatedthe provisions and conditions of his parole or conditionalrelease, the board shall determine whether the time from theissuing date of the warrant to the date of his arrest on thewarrant, or continuance on parole or conditional release shall becounted as time served under the sentence. In all other cases,time served on parole or conditional release shall be counted astime served under the sentence.

4. At any time during parole or probation, the board mayissue a warrant for the arrest of any person from anotherjurisdiction, the visitation and supervision of whom the boardhas undertaken pursuant to the provisions of the interstatecompact for the supervision of parolees and probationersauthorized in section 217.810, for violation of any of theconditions of release, or a notice to appear to answer a chargeof violation. The notice shall be served personally upon theperson. The warrant shall authorize any law enforcement officerto return the offender to any suitable detention facilitydesignated by the board. Any parole or probation officer mayarrest such person without a warrant, or may deputize any otherofficer with power of arrest to do so by issuing a writtenstatement setting forth that the defendant has, in the judgmentof the parole or probation officer, violated the conditions ofhis release. The written statement delivered with the person bythe arresting officer to the official in charge of the detentionfacility to which the person is brought shall be sufficient legalauthority for detaining him. After making an arrest the paroleor probation officer shall present to the detaining authorities asimilar statement of the circumstances of violation.