Section 558.011

There are multiple enactments of 558.011

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 558

Effective - 01 Jan 2028, 4 histories, see footnote   

  558.011.  Sentence of imprisonment, terms — conditional release. — 1.  The authorized terms of imprisonment, including both prison and conditional release terms, for all offenses are as follows:

  (1)  For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment, for which an offender shall serve seventy percent of the imposed sentence prior to parole eligibility;

  (2)  For a class B felony, a term of years not less than five years and not to exceed fifteen years, for which an offender shall serve fifty percent of the imposed sentence prior to parole eligibility;

  (3)  For a class C felony, a term of years not less than three years and not to exceed ten years, for which an offender shall serve:

  (a)  Forty percent of the imposed sentence prior to parole eligibility for a conviction under chapter 566, 568, or 573 that requires registration as a sex offender under chapter 589;

  (b)  Thirty percent of the imposed sentence prior to parole eligibility for a first conviction other than an offense under paragraph (a) of this subdivision;

  (c)  Thirty-five percent of the imposed sentence prior to parole eligibility for a second conviction other than an offense under paragraph (a) of this subdivision;

  (d)  Fifty percent of the imposed sentence prior to parole eligibility for a third or subsequent conviction other than an offense under paragraph (a) of this subdivision;

  (4)  For a class D felony, a term of years not to exceed seven years, for which an offender shall serve:

  (a)  Twenty-five percent of the imposed sentence prior to parole eligibility for a conviction under chapter 566, 568, or 573 that requires registration as a sex offender under chapter 589;

  (b)  Twenty percent of the imposed sentence prior to parole eligibility for a first conviction other than an offense under paragraph (a) of this subdivision;

  (c)  Twenty-five percent of the imposed sentence prior to parole eligibility for a second conviction other than an offense under paragraph (a) of this subdivision;

  (d)  Fifty percent of the imposed sentence prior to parole eligibility for a third or subsequent conviction other than an offense under paragraph (a) of this subdivision;

  (5)  For a class E felony, a term of years not to exceed four years, for which an offender shall serve:

  (a)  Twenty-five percent of the imposed sentence prior to parole eligibility for a conviction under chapter 566, 568, or 573 that requires registration as a sex offender under chapter 589;

  (b)  Fifteen percent of the imposed sentence prior to parole eligibility for a first conviction other than an offense under paragraph (a) of this subdivision;

  (c)  Twenty percent of the imposed sentence prior to parole eligibility for a second conviction other than an offense under paragraph (a) of this subdivision;

  (d)  Fifty percent of the imposed sentence prior to parole eligibility for a third or subsequent conviction other than an offense under paragraph (a) of this subdivision;

  (6)  For a class A misdemeanor, a term not to exceed one year;

  (7)  For a class B misdemeanor, a term not to exceed six months;

  (8)  For a class C misdemeanor, a term not to exceed fifteen days.

  2.  When a person is sentenced to the authorized term of imprisonment for a higher class than the offense for which the person was found guilty under section 558.016, 565.079, or 579.170, the person shall also be sentenced to the parole eligibility percentage of the higher class.

  3.  The authorized terms of imprisonment under subsections 1 and 2 of this section shall apply to all offenses, except if the terms for parole eligibility otherwise provided by statute result in a higher parole eligibility percentage, in which case the statute resulting in the higher parole eligibility percentage shall apply.

  4.  The authorized terms of imprisonment under subsection 1 of this section shall not apply to any offense where a suspended imposition of sentence is imposed or where the matter is referred to an adult treatment court as provided in chapter 478.

  5.  In cases of class D and E felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court.  If the court imposes a sentence of imprisonment for a term longer than one year upon a person convicted of a class D or E felony, it shall commit the person to the custody of the department of corrections.

  6.  (1)  When a regular sentence of imprisonment for a felony is imposed, the court shall commit the person to the custody of the department of corrections for the term imposed under section 557.036, or until released under procedures established elsewhere by law.

  (2)  A sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the person to the county jail or other authorized penal institution for the term of his or her sentence or until released under procedure established elsewhere by law.

  7.  (1)  Except as otherwise provided, a sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term.  The conditional release term of any term imposed under section 557.036 shall be:

  (a)  One-third for terms of nine years or less;

  (b)  Three years for terms between nine and fifteen years;

  (c)  Five years for terms more than fifteen years; and the prison term shall be the remainder of such term.  The prison term may be extended by the parole board pursuant to subsection 8 of this section.

  (2)  "Conditional release" means the conditional discharge of an offender by the parole board, subject to conditions of release that the parole board deems reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the division of probation and parole.  The conditions of release shall include avoidance by the offender of any other offense, federal or state, and other conditions that the parole board in its discretion deems reasonably necessary to assist the releasee in avoiding further violation of the law.

  8.  The date of conditional release from the prison term may be extended up to a maximum of the entire sentence of imprisonment by the parole board.  The director of any division of the department of corrections except the division of probation and parole may file with the parole board a petition to extend the conditional release date when an offender fails to follow the rules and regulations of the division or commits an act in violation of such rules.  Within ten working days of receipt of the petition to extend the conditional release date, the parole board shall convene a hearing on the petition.  The offender shall be present and may call witnesses in his or her behalf and cross-examine witnesses appearing against the offender.  The hearing shall be conducted as provided in section 217.670.  If the violation occurs in close proximity to the conditional release date, the conditional release may be held for a maximum of fifteen working days to permit necessary time for the division director to file a petition for an extension with the parole board and for the parole board to conduct a hearing, provided some affirmative manifestation of an intent to extend the conditional release has occurred prior to the conditional release date.  If at the end of a fifteen-working-day period a parole board decision has not been reached, the offender shall be released conditionally.  The decision of the parole board shall be final.

  9.  Any person who commits a class A or B felony or an offense under chapter 566, 568, or 573 that requires registration as a sex offender under chapter 589, on or after January 1, 2028, shall not be eligible for conditional release for that offense.

  10.  Notwithstanding any other provision of law to the contrary, any offender who has been found guilty of a dangerous felony as defined in section 556.061 and is committed to the department of corrections shall be required to serve eighty-five percent of the sentence imposed by the court prior to parole eligibility.

  11.  For the purpose of determining the minimum time required to be served by the offender before he or she is eligible for parole, the following calculations shall apply:

  (1)  A sentence of life shall be calculated to be thirty years; and

  (2)  Any sentence either alone or in the aggregate with other consecutive sentences for offenses committed at or near the same time that is over seventy-five years shall be calculated to be seventy-five years.

  12.  When consecutive sentences are imposed by a court, the minimum percentage for each respective felony shall be met prior to parole eligibility.

  13.  When concurrent sentences are imposed by a court, the person shall serve the minimum required percentage for the longest sentence prior to parole eligibility.

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(L. 1977 S.B. 60, A.L. 1979 S.B. 234, A.L. 1982 H.B. 1196, A.L. 1984 S.B. 611, A.L. 1990 H.B. 974, A.L. 1994 S.B. 763, A.L. 2003 S.B. 5, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26 merged with S.B. 53 & 60, A.L. 2026 S.B. 888, A.L. 2026 H.B. 2637 & 3155)

Effective 01-01-28, see § 1.901

Revisor’s note: This section was amended by both S.B. 888 and H.B. 2637 & 3155, 2026. H.B. 2637 & 3155 repealed the version amended by S.B. 888 effective 8-28-26 and amended this section effective 1-01-28.

Severability clause, see § 1.1005

(2010)  Statutory amendment in 1990 removing conditional release eligibility for inmates convicted of certain violent felonies is constitutional under original purpose, single subject, ex post facto, and retrospective provisions.  Rentschler v. Nixon, 311 S.W.3d 783 (Mo.banc).