559.026. Detention condition of probation. - Missouri Statutes

Detention condition of probation.

559.026. Except in infraction cases, when probation is granted, thecourt, in addition to conditions imposed pursuant to section 559.021, mayrequire as a condition of probation that the offender submit to a period ofdetention up to forty-eight hours after the determination by a probation orparole officer that the offender violated a condition of continuedprobation or parole in an appropriate institution at whatever time orintervals within the period of probation, consecutive or nonconsecutive,the court shall designate, or the board of probation and parole shalldirect. Any person placed on probation in a county of the first class orsecond class or in any city with a population of five hundred thousand ormore and detained as herein provided shall be subject to all provisions ofsection 221.170, RSMo, even though he was not convicted and sentenced to ajail or workhouse.

(1) In misdemeanor cases, the period of detention under this sectionshall not exceed the shorter of thirty days or the maximum term ofimprisonment authorized for the misdemeanor by chapter 558, RSMo.

(2) In felony cases, the period of detention under this section shallnot exceed one hundred twenty days.

(3) If probation is revoked and a term of imprisonment is served byreason thereof, the time spent in a jail, half-way house, honor center,workhouse or other institution as a detention condition of probation shallbe credited against the prison or jail term served for the offense inconnection with which the detention condition was imposed.

(L. 1977 S.B. 60, A.L. 1995 H.B. 424, A.L. 2003 S.B. 5, A.L. 2004 S.B. 1211)