217.785. Postconviction drug treatment program, established, rules--required participation, completion--institutional phase--report. - Missouri Statutes

Postconviction drug treatment program, established, rules--requiredparticipation, completion--institutional phase--report.

217.785. 1. As used in this section, the term "Missouripostconviction drug treatment program" means a program ofnoninstitutional and institutional correctional programs for themonitoring, control and treatment of certain drug abuseoffenders.

2. The department of corrections shall establish byregulation the "Missouri Postconviction Drug Treatment Program".The program shall include noninstitutional and institutionalplacement. The institutional phase of the program may includeany offender under the supervision and control of the departmentof corrections. The department shall establish rules determininghow, when and where an offender shall be admitted into or removedfrom the program.

3. Any first-time offender who has pled guilty or beenfound guilty of violating the provisions of chapter 195, RSMo, orwhose controlled substance abuse was a precipitating orcontributing factor in the commission of his offense, and who isplaced on probation may be required to participate in thenoninstitutional phase of the program, which may includeeducation, treatment and rehabilitation programs. Personsrequired to attend a program pursuant to this section may becharged a reasonable fee to cover the costs of the program.Failure of an offender to complete successfully thenoninstitutional phase of the program shall be sufficient causefor the offender to be remanded to the sentencing court forassignment to the institutional phase of the program or any otherauthorized disposition.

4. A probationer shall be eligible for assignment to theinstitutional phase of the postconviction drug treatment programif he has failed to complete successfully the noninstitutionalphase of the program. If space is available, the sentencingcourt may assign the offender to the institutional phase of theprogram as a special condition of probation, without thenecessity of formal revocation of probation.

5. The availability of space in the institutional programshall be determined by the department of corrections. If thesentencing court is advised that there is no space available,then the court shall consider other authorized dispositions.

6. Any time after ninety days and prior to one hundredtwenty days after assignment of the offender to the institutionalphase of the program, the department shall submit to the court areport outlining the performance of the offender in the program.If the department determines that the offender will notparticipate or has failed to complete the program, the departmentshall advise the sentencing court, who shall cause the offenderto be brought before the court for consideration of revocation ofthe probation or other authorized disposition. If the offendersuccessfully completes the program, the department shall releasethe individual to the appropriate probation and parole districtoffice and so advise the court.

7. Time spent in the institutional phase of the programshall count as time served on the sentence.

(L. 1994 S.B. 763 § 1)