State Codes and Statutes

Statutes > Missouri > T38 > C558 > 558_031

Calculation of terms of imprisonment--credit for jail time awaitingtrial.

558.031. 1. A sentence of imprisonment shall commence when a personconvicted of a crime in this state is received into the custody of thedepartment of corrections or other place of confinement where the offenderis sentenced. Such person shall receive credit toward the service of asentence of imprisonment for all time in prison, jail or custody after theoffense occurred and before the commencement of the sentence, when the timein custody was related to that offense, except:

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

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

(3) As provided in section 559.100, RSMo.

2. The officer required by law to deliver a person convicted of acrime in this state to the department of corrections shall endorse upon thepapers required by section 217.305, RSMo, both the dates the offender wasin custody and the period of time to be credited toward the service of thesentence of imprisonment, except as endorsed by such officer.

3. If a person convicted of a crime escapes from custody, such escapeshall interrupt the sentence. The interruption shall continue until suchperson is returned to the correctional center where the sentence was beingserved, or in the case of a person committed to the custody of thedepartment of corrections, to any correctional center operated by thedepartment of corrections. An escape shall also interrupt the jail timecredit to be applied to a sentence which had not commenced when the escapeoccurred.

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

5. If a person released from imprisonment on parole or serving aconditional release term violates any of the conditions of his parole orrelease, he may be treated as a parole violator. If the board of probationand parole revokes the parole or conditional release, the paroled personshall serve the remainder of the prison term and conditional release term,as an additional prison term, and the conditionally released person shallserve the remainder of the conditional release term as a prison term,unless released on parole.

(L. 1977 S.B. 60, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

(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.

State Codes and Statutes

Statutes > Missouri > T38 > C558 > 558_031

Calculation of terms of imprisonment--credit for jail time awaitingtrial.

558.031. 1. A sentence of imprisonment shall commence when a personconvicted of a crime in this state is received into the custody of thedepartment of corrections or other place of confinement where the offenderis sentenced. Such person shall receive credit toward the service of asentence of imprisonment for all time in prison, jail or custody after theoffense occurred and before the commencement of the sentence, when the timein custody was related to that offense, except:

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

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

(3) As provided in section 559.100, RSMo.

2. The officer required by law to deliver a person convicted of acrime in this state to the department of corrections shall endorse upon thepapers required by section 217.305, RSMo, both the dates the offender wasin custody and the period of time to be credited toward the service of thesentence of imprisonment, except as endorsed by such officer.

3. If a person convicted of a crime escapes from custody, such escapeshall interrupt the sentence. The interruption shall continue until suchperson is returned to the correctional center where the sentence was beingserved, or in the case of a person committed to the custody of thedepartment of corrections, to any correctional center operated by thedepartment of corrections. An escape shall also interrupt the jail timecredit to be applied to a sentence which had not commenced when the escapeoccurred.

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

5. If a person released from imprisonment on parole or serving aconditional release term violates any of the conditions of his parole orrelease, he may be treated as a parole violator. If the board of probationand parole revokes the parole or conditional release, the paroled personshall serve the remainder of the prison term and conditional release term,as an additional prison term, and the conditionally released person shallserve the remainder of the conditional release term as a prison term,unless released on parole.

(L. 1977 S.B. 60, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

(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.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T38 > C558 > 558_031

Calculation of terms of imprisonment--credit for jail time awaitingtrial.

558.031. 1. A sentence of imprisonment shall commence when a personconvicted of a crime in this state is received into the custody of thedepartment of corrections or other place of confinement where the offenderis sentenced. Such person shall receive credit toward the service of asentence of imprisonment for all time in prison, jail or custody after theoffense occurred and before the commencement of the sentence, when the timein custody was related to that offense, except:

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

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

(3) As provided in section 559.100, RSMo.

2. The officer required by law to deliver a person convicted of acrime in this state to the department of corrections shall endorse upon thepapers required by section 217.305, RSMo, both the dates the offender wasin custody and the period of time to be credited toward the service of thesentence of imprisonment, except as endorsed by such officer.

3. If a person convicted of a crime escapes from custody, such escapeshall interrupt the sentence. The interruption shall continue until suchperson is returned to the correctional center where the sentence was beingserved, or in the case of a person committed to the custody of thedepartment of corrections, to any correctional center operated by thedepartment of corrections. An escape shall also interrupt the jail timecredit to be applied to a sentence which had not commenced when the escapeoccurred.

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

5. If a person released from imprisonment on parole or serving aconditional release term violates any of the conditions of his parole orrelease, he may be treated as a parole violator. If the board of probationand parole revokes the parole or conditional release, the paroled personshall serve the remainder of the prison term and conditional release term,as an additional prison term, and the conditionally released person shallserve the remainder of the conditional release term as a prison term,unless released on parole.

(L. 1977 S.B. 60, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

(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.