§ 2-1462. Probation.

(a)

Definitions. For purposes of this section:

(1)

Court means the municipal court of the city.

(2)

Director means the director of the department of neighborhood and community services.

(3)

Probation means a procedure under which a defendant found guilty of an offense, upon verdict or a plea, is released by the court without imprisonment subject to conditions imposed by the court and subject to the supervision of the department of neighborhood and community services.

State Law reference— Similar provisions, RSMo 217.650(7).

(b)

Authority of court. The municipal court of the city shall have power to place on probation persons convicted of any offense over which it has jurisdiction.

(c)

Eligibility; term. When any person is convicted of any offense and is sentenced or fined or both sentenced and fined as punishment therefor, the court before whom the conviction was had, if satisfied that the defendant if permitted to go at large would not again violate the law, may place the defendant on probation upon such conditions as the court sees fit to impose. The probation shall be for a specific term which shall be stipulated in the order of record. The court may extend the term of probation; however, no more than one extension of any probation may be ordered. In no event shall the duration of probation be for a period of more than two years.

(d)

Effect of appeal. Probation shall not be granted in any case while an appeal is pending, nor until after the time for appeal has expired.

(e)

Duties of persons on probation. It is the duty of the defendants granted probation to appear, when directed by the court or the department of neighborhood and community services, during the continuance of the probation, and submit proof as may be directed by the court that he has, since the last date at which proof has been furnished, complied with all the conditions of the probation and conducted himself as a peaceable and law-abiding citizen.

(f)

Bond. When the defendant is granted probation the court, before or at the time of granting the probation, may, in its discretion, require the defendant, with one or more sureties, to enter into bond to the city in a sum to be fixed by the court, conditioned that he will appear as directed during the continuance of the probation and not depart without leave of court. The bond shall be approved by the court or by the clerk at the direction of the court and forfeiture may be taken and prosecution to final judgment on such bond in the manner as provided by law in cases of bonds taken for appearance of persons awaiting trial upon information.

(g)

Arrest of person on probation; revocation of probation; second probation.

(1)

The court granting probation may, at any time before order of discharge, without notice to the defendant, order his appearance in court forthwith. Any probation officer serving the court may arrest such defendant without a warrant, or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the defendant has, in the judgment of the probation officer, violated the conditions of his probation. The written statement delivered with the defendant by the arresting officer to the official in charge of the place of detention shall be sufficient warrant for the detention of the defendant.

(2)

The court may, in its discretion, with or without hearing, order a probation revoked and direct that the sentence theretofore imposed be commenced and order execution thereof, or the court may, in its discretion, order the continuance of the probation upon such conditions as the court may prescribe. If execution is directed the court may, in its discretion, order the allowance in mitigation of the sentence credit for all or for part of the time the defendant was upon probation.

(3)

After probation has been revoked the court may, in its discretion, require the payment of all costs in the case, and may reinstate probation, but no more than one reinstatement shall be granted the same person under the same judgment of conviction.

(h)

Discharge of person on probation. When a defendant has completed the term of probation prescribed by the court, as amended, modified or extended, and if the probation has not been revoked by the court, he shall automatically be absolutely discharged from the probation, and completion of probation operates as a complete satisfaction of the judgment, and such discharge shall be entered in the file of the defendant.

(i)

Authority to adopt rules concerning conditions of probation. The director of neighborhood and community services may adopt general rules and regulations concerning the conditions of probation applicable to cases in the municipal court. Nothing in this subsection, however, shall limit the authority of the court to impose or modify any general or specific conditions of probation provided the director is notified, in writing, of any additional imposition or modification.

(j)

Supervision of persons placed on probation; duties of probation officers. The department of neighborhood and community services shall supervise persons placed on probation. Probation officers shall furnish each person released under their supervision a written statement of the conditions of probation and shall instruct him regarding these conditions. They shall keep informed of his conduct and condition and use all suitable methods to aid and encourage him and to bring about improvement in his conduct and conditions. Probation officers shall keep detailed records of their work and shall perform such other duties as may be incidental of those enumerated in this subsection as the court may require. Probation officers shall report, in writing, to the judge granting probation all violations of the conditions of probation, including but not limited to arrests for alleged violations of law, failure to report as directed and failure to make payments as directed.

(k)

Presentence investigation. The director shall, at the request of the court, make or cause to be made a presentence investigation and report to the court before the imposition of sentence or the granting of probation. No presentence investigation shall be ordered by the court unless the defendant has pleaded guilty or has been found guilty. The report of the presentence investigation shall contain any prior criminal record of the defendant and such information about his characteristics, his financial condition, his social history, and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant. The director shall secure such other information as may be required by the court and, whenever practicable and needed, such investigation shall include a physical and mental examination of the defendant.

(l)

Report of cases. The director shall file with the city council and with the municipal court, at the end of each fiscal year, a summary of all probation cases processed during such fiscal year.

(Code of Gen. Ords. 1967, § 22.22; Ord. No. 35644, 8-16-68; Ord. No. 38890, 1-15-71)

Cross reference

Municipal correctional institution, ch. 44; parole, § 44-11 et seq.