558.046. Reduction of term of sentence, conditions. - Missouri Statutes

Reduction of term of sentence, conditions.

558.046. The sentencing court may, upon petition, reduceany term of sentence or probation pronounced by the court or aterm of conditional release or parole pronounced by the stateboard of probation and parole if the court determines that:

(1) The convicted person was:

(a) Convicted of a crime that did not involve violence orthe threat of violence; and

(b) Convicted of a crime that involved alcohol or illegaldrugs; and

(2) Since the commission of such crime, the convictedperson has successfully completed a detoxification andrehabilitation program; and

(3) The convicted person is not:

(a) A prior offender, a persistent offender, a dangerousoffender or a persistent misdemeanor offender as defined bysection 558.016; or

(b) A persistent sexual offender as defined in section558.018; or

(c) A prior offender, a persistent offender or a class Xoffender as defined in section 558.019.

(L. 1993 S.B. 167)

(2000) Section defines no offense and prescribes no fine, penalty, or punishment; thus, it is not a penal statute and should not be strictly construed against the State. State ex rel. Moore v. Sweeney, 32 S.W.3d 212 (Mo.App.S.D.).