Section 558.031

There are multiple enactments of 558.031

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 558

Effective - 01 Jan 2028, 5 histories, see footnote   

  558.031.  Calculation of terms of imprisonment — jail time credit calculation, requirements. — 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.  When placing a person on probation for a suspended imposition of sentence, probation for a suspended execution of sentence, or when executing a sentence of imprisonment, the court shall record, as part of each judgment, the number of days the person was in prison, jail, or custody, that was related to the offense, after the offense occurred and before being sentenced to imprisonment and the defendant shall be awarded credit toward the service of a sentence of imprisonment for that number of days .  The jail time credit calculation shall be based upon the certification of the sheriff as provided in subdivision (3) of subsection 2 of section 217.305 and may be supplemented by a certificate of a sheriff or other custodial officer from another jurisdiction having held the person on the charge of the offense for which the sentence of imprisonment is ordered and shall be pronounced at the time of the judgment, the execution of a suspended sentence, or the suspension of imposition of sentence, shall be included in the record, and shall include both the dates the person was in custody and the number of days to be credited toward the service of the sentence.

  3.  For purposes of this section, time in custody related to an offense includes time during which the offense was charged in a criminal proceeding, there was an arrest warrant issued in said criminal proceeding, and the arrest warrant was served upon the person, and includes time served on house arrest.  The person shall not be entitled to any credit toward the service of a sentence of imprisonment for any time such person was not being held on said arrest warrant because such person posted bond, the arrest warrant was recalled, or the person was otherwise released.

  4.  The court may take judicial notice of all time the person has served in prison, jail, or custody, or on house arrest for a criminal proceeding by comparing dates of service on arrest warrants with evidence contained within the court file of dates of release and the prosecution and defense attorney may enter into a stipulation with regard to credit for the service of a sentence of imprisonment for all time in prison, jail, or custody, or on house arrest except in no event may the court approve a stipulation that is greater than or less than the time in custody related to an offense.

  5.  Upon motion and notice by defendant or defense counsel, for any such person who was held in a juvenile detention facility for an offense for which such person was subsequently adjudicated to stand trial as an adult, the court may also award credit toward the service of a sentence of imprisonment for any time such person was confined in a juvenile detention facility.

  6.  In the event a criminal proceeding related to an offense is dismissed without prejudice by a court or nolle prossed by the state, upon motion and notice by defendant or defense counsel, the proceeding may be consolidated into the present matter for purposes of calculating credit for the service of a sentence of imprisonment.

  7.  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, included in the judgment or suspended imposition of sentence and such additional days after the pronouncement of sentence and before the delivery of the person to the department of corrections.

  8.  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.

  9.  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.

  10.  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.

  11.  A person may only challenge credit awarded or not awarded pursuant to this section by the filing of a petition for a writ of habeas corpus.

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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, A.L. 2023 S.B. 186, 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