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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 559

Effective - 28 Aug 2013 bottom

  559.105.  Restitution may be ordered, when — limitation on release from probation — amount of restitution. — 1.  Any person who has been found guilty of or has pled guilty to an offense may be ordered by the court to make restitution to the victim for the victim's losses due to such offense.  Restitution pursuant to this section shall include, but not be limited to a victim's reasonable expenses to participate in the prosecution of the crime.

  2.  No person ordered by the court to pay restitution pursuant to this section shall be released from probation until such restitution is complete.  If full restitution is not made within the original term of probation, the court shall order the maximum term of probation allowed for such offense.

  3.  Any person eligible to be released on parole shall be required, as a condition of parole, to make restitution pursuant to this section.  The board of probation and parole shall not release any person from any term of parole for such offense until the person has completed such restitution, or until the maximum term of parole for such offense has been served.

  4.  The court may set an amount of restitution to be paid by the defendant.  Said amount may be taken from the inmate's account at the department of corrections while the defendant is incarcerated.  Upon conditional release or parole, if any amount of such court-ordered restitution is unpaid, the payment of the unpaid balance may be collected as a condition of conditional release or parole by the prosecuting attorney or circuit attorney under section 559.100.  The prosecuting attorney or circuit attorney may refer any failure to make such restitution as a condition of conditional release or parole to the parole board for enforcement.

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(L. 2005 H.B. 353, A.L. 2013 H.B. 215)

(2017) Application of section, amended in 2013 to allow sentencing court to require both payment of restitution as well as serving a prison term, to defendant who pleaded guilty prior to effective date of amended section was unconstitutional ex post facto law.  Bellamy v. State, 525 S.W.3d 166 (Mo.App.W.D.).


---- end of effective   28 Aug 2013 ----

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