☰ Revisor of Missouri

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 558

< > Effective - 28 Aug 2021, 3 histories bottom

  558.031.  Calculation of terms of imprisonment — credit for jail time awaiting trial. — 1.  A sentence of imprisonment shall commence when a person convicted of an offense in this state is received into the custody of the department of corrections or other place of confinement where the offender is sentenced.

  2.  Such person shall receive credit toward the service of a sentence of imprisonment for all time in prison, jail or custody after conviction and before the commencement of the sentence, when the time in custody was related to that offense, and the circuit court may, when pronouncing sentence, award credit for time spent in prison, jail, or custody after the offense occurred and before conviction toward the service of the sentence of imprisonment, except:

  (1)  Such credit shall only be applied once when sentences are consecutive;

  (2)  Such credit shall only be applied if the person convicted was in custody in the state of Missouri, unless such custody was compelled exclusively by the state of Missouri's action; and

  (3)  As provided in section 559.100.

  3.  The officer required by law to deliver a person convicted of an offense in this state to the department of corrections shall endorse upon the papers required by section 217.305 both the dates the offender was in custody and the period of time to be credited toward the service of the sentence of imprisonment, except as endorsed by such officer.

  4.  If a person convicted of an offense escapes from custody, such escape shall interrupt the sentence.  The interruption shall continue until such person is returned to the correctional center where the sentence was being served, or in the case of a person committed to the custody of the department of corrections, to any correctional center operated by the department of corrections.  An escape shall also interrupt the jail time credit to be applied to a sentence which had not commenced when the escape occurred.

  5.  If a sentence of imprisonment is vacated and a new sentence imposed upon the offender for that offense, all time served under the vacated sentence shall be credited against the new sentence, unless the time has already been credited to another sentence as provided in subsection 1 of this section.

  6.  If a person released from imprisonment on parole or serving a conditional release term violates any of the conditions of his or her parole or release, he or she may be treated as a parole violator.  If the parole board revokes the parole or conditional release, the paroled person shall serve the remainder of the prison term and conditional release term, as an additional prison term, and the conditionally released person shall serve the remainder of the conditional release term as a prison term, unless released on parole.

  7.  Subsection 2 of this section shall be applicable to offenses occurring on or after August 28, 2021.

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(L. 1977 S.B. 60, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)

(1981) "Jail-time" credit is not intended to be given on both offenses in a concurrent sentencing situation for jail-time served exclusively on only one offense. State ex rel. Blackwell v. Sanders (A.), 615 S.W.2d 467.


---- end of effective  28 Aug 2021 ----

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558.031 8/28/2021
558.031 1/1/2017 8/28/2021
558.031 8/28/1995 1/1/2017

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