Conditions of probation--compensation of victims--free work, publicor charitable--defendant not an employee for workers' compensationpurposes--payment to county restitution fund, when.
559.021. 1. The conditions of probation shall be such as the courtin its discretion deems reasonably necessary to ensure that the defendantwill not again violate the law. When a defendant is placed on probation heshall be given a certificate explicitly stating the conditions on which heis being released.
2. In addition to such other authority as exists to order conditionsof probation, the court may order such conditions as the court believeswill serve to compensate the victim, any dependent of the victim, anystatutorily created fund for costs incurred as a result of the offender'sactions, or society. Such conditions may include restorative justicemethods pursuant to section 217.777, RSMo, or any other method that thecourt finds just or appropriate including, but not limited to:
(1) Restitution to the victim or any dependent of the victim, orstatutorily created fund for costs incurred as a result of the offender'sactions in an amount to be determined by the judge;
(2) The performance of a designated amount of free work for a publicor charitable purpose, or purposes, as determined by the judge;
(3) Offender treatment programs;
(4) Work release programs in local facilities; and
(5) Community-based residential and nonresidential programs.
3. The defendant may refuse probation conditioned on the performanceof free work. If he does so, the court shall decide the extent or durationof sentence or other disposition to be imposed and render judgmentaccordingly. Any county, city, person, organization, or agency, oremployee of a county, city, organization or agency charged with thesupervision of such free work or who benefits from its performance shall beimmune from any suit by the defendant or any person deriving a cause ofaction from him if such cause of action arises from such supervision ofperformance, except for an intentional tort or gross negligence. Theservices performed by the defendant shall not be deemed employment withinthe meaning of the provisions of chapter 288, RSMo. A defendant performingservices pursuant to this section shall not be deemed an employee withinthe meaning of the provisions of chapter 287, RSMo.
4. In addition to such other authority as exists to order conditionsof probation, in the case of a plea of guilty or a finding of guilt, thecourt may order the assessment and payment of a designated amount ofrestitution to a county law enforcement restitution fund established by thecounty commission pursuant to section 50.565, RSMo. Such contributionshall not exceed three hundred dollars for any charged offense. Anyrestitution moneys deposited into the county law enforcement restitutionfund pursuant to this section shall only be expended pursuant to theprovisions of section 50.565, RSMo.
5. A judge may order payment to a restitution fund only if such fundhad been created by ordinance or resolution of a county of the state ofMissouri prior to sentencing. A judge shall not have any directsupervisory authority or administrative control over any fund to which thejudge is ordering a defendant to make payment.
6. A defendant who fails to make a payment to a county lawenforcement restitution fund may not have his or her probation revokedsolely for failing to make such payment unless the judge, after evidentiaryhearing, makes a finding supported by a preponderance of the evidence thatthe defendant either willfully refused to make the payment or that thedefendant willfully, intentionally, and purposefully failed to makesufficient bona fide efforts to acquire the resources to pay.
7. The court may modify or enlarge the conditions of probation at anytime prior to the expiration or termination of the probation term.
Conditions of probation--compensation of victims--free work, publicor charitable--defendant not an employee for workers' compensationpurposes--payment to county restitution fund, when.
559.021. 1. The conditions of probation shall be such as the courtin its discretion deems reasonably necessary to ensure that the defendantwill not again violate the law. When a defendant is placed on probation heshall be given a certificate explicitly stating the conditions on which heis being released.
2. In addition to such other authority as exists to order conditionsof probation, the court may order such conditions as the court believeswill serve to compensate the victim, any dependent of the victim, anystatutorily created fund for costs incurred as a result of the offender'sactions, or society. Such conditions may include restorative justicemethods pursuant to section 217.777, RSMo, or any other method that thecourt finds just or appropriate including, but not limited to:
(1) Restitution to the victim or any dependent of the victim, orstatutorily created fund for costs incurred as a result of the offender'sactions in an amount to be determined by the judge;
(2) The performance of a designated amount of free work for a publicor charitable purpose, or purposes, as determined by the judge;
(3) Offender treatment programs;
(4) Work release programs in local facilities; and
(5) Community-based residential and nonresidential programs.
3. The defendant may refuse probation conditioned on the performanceof free work. If he does so, the court shall decide the extent or durationof sentence or other disposition to be imposed and render judgmentaccordingly. Any county, city, person, organization, or agency, oremployee of a county, city, organization or agency charged with thesupervision of such free work or who benefits from its performance shall beimmune from any suit by the defendant or any person deriving a cause ofaction from him if such cause of action arises from such supervision ofperformance, except for an intentional tort or gross negligence. Theservices performed by the defendant shall not be deemed employment withinthe meaning of the provisions of chapter 288, RSMo. A defendant performingservices pursuant to this section shall not be deemed an employee withinthe meaning of the provisions of chapter 287, RSMo.
4. In addition to such other authority as exists to order conditionsof probation, in the case of a plea of guilty or a finding of guilt, thecourt may order the assessment and payment of a designated amount ofrestitution to a county law enforcement restitution fund established by thecounty commission pursuant to section 50.565, RSMo. Such contributionshall not exceed three hundred dollars for any charged offense. Anyrestitution moneys deposited into the county law enforcement restitutionfund pursuant to this section shall only be expended pursuant to theprovisions of section 50.565, RSMo.
5. A judge may order payment to a restitution fund only if such fundhad been created by ordinance or resolution of a county of the state ofMissouri prior to sentencing. A judge shall not have any directsupervisory authority or administrative control over any fund to which thejudge is ordering a defendant to make payment.
6. A defendant who fails to make a payment to a county lawenforcement restitution fund may not have his or her probation revokedsolely for failing to make such payment unless the judge, after evidentiaryhearing, makes a finding supported by a preponderance of the evidence thatthe defendant either willfully refused to make the payment or that thedefendant willfully, intentionally, and purposefully failed to makesufficient bona fide efforts to acquire the resources to pay.
7. The court may modify or enlarge the conditions of probation at anytime prior to the expiration or termination of the probation term.
Conditions of probation--compensation of victims--free work, publicor charitable--defendant not an employee for workers' compensationpurposes--payment to county restitution fund, when.
559.021. 1. The conditions of probation shall be such as the courtin its discretion deems reasonably necessary to ensure that the defendantwill not again violate the law. When a defendant is placed on probation heshall be given a certificate explicitly stating the conditions on which heis being released.
2. In addition to such other authority as exists to order conditionsof probation, the court may order such conditions as the court believeswill serve to compensate the victim, any dependent of the victim, anystatutorily created fund for costs incurred as a result of the offender'sactions, or society. Such conditions may include restorative justicemethods pursuant to section 217.777, RSMo, or any other method that thecourt finds just or appropriate including, but not limited to:
(1) Restitution to the victim or any dependent of the victim, orstatutorily created fund for costs incurred as a result of the offender'sactions in an amount to be determined by the judge;
(2) The performance of a designated amount of free work for a publicor charitable purpose, or purposes, as determined by the judge;
(3) Offender treatment programs;
(4) Work release programs in local facilities; and
(5) Community-based residential and nonresidential programs.
3. The defendant may refuse probation conditioned on the performanceof free work. If he does so, the court shall decide the extent or durationof sentence or other disposition to be imposed and render judgmentaccordingly. Any county, city, person, organization, or agency, oremployee of a county, city, organization or agency charged with thesupervision of such free work or who benefits from its performance shall beimmune from any suit by the defendant or any person deriving a cause ofaction from him if such cause of action arises from such supervision ofperformance, except for an intentional tort or gross negligence. Theservices performed by the defendant shall not be deemed employment withinthe meaning of the provisions of chapter 288, RSMo. A defendant performingservices pursuant to this section shall not be deemed an employee withinthe meaning of the provisions of chapter 287, RSMo.
4. In addition to such other authority as exists to order conditionsof probation, in the case of a plea of guilty or a finding of guilt, thecourt may order the assessment and payment of a designated amount ofrestitution to a county law enforcement restitution fund established by thecounty commission pursuant to section 50.565, RSMo. Such contributionshall not exceed three hundred dollars for any charged offense. Anyrestitution moneys deposited into the county law enforcement restitutionfund pursuant to this section shall only be expended pursuant to theprovisions of section 50.565, RSMo.
5. A judge may order payment to a restitution fund only if such fundhad been created by ordinance or resolution of a county of the state ofMissouri prior to sentencing. A judge shall not have any directsupervisory authority or administrative control over any fund to which thejudge is ordering a defendant to make payment.
6. A defendant who fails to make a payment to a county lawenforcement restitution fund may not have his or her probation revokedsolely for failing to make such payment unless the judge, after evidentiaryhearing, makes a finding supported by a preponderance of the evidence thatthe defendant either willfully refused to make the payment or that thedefendant willfully, intentionally, and purposefully failed to makesufficient bona fide efforts to acquire the resources to pay.
7. The court may modify or enlarge the conditions of probation at anytime prior to the expiration or termination of the probation term.
