559.036. 1. A term of probation commences on the day it is imposed.Multiple terms of Missouri probation, whether imposed at the same time orat different times, shall run concurrently. Terms of probation shall alsorun concurrently with any federal or other state jail, prison, probation orparole term for another offense to which the defendant is or becomessubject during the period, unless otherwise specified by the Missouricourt.
2. The court may terminate a period of probation and discharge thedefendant at any time before completion of the specific term fixed undersection 559.016 if warranted by the conduct of the defendant and the endsof justice. The court may extend the term of the probation, but no morethan one extension of any probation may be ordered except that the courtmay extend the term of probation by one additional year by order of thecourt if the defendant admits he or she has violated the conditions ofprobation or is found by the court to have violated the conditions of hisor her probation. Total time on any probation term, including anyextension shall not exceed the maximum term established in section 559.016.Procedures for termination, discharge and extension may be established byrule of court.
3. If the defendant violates a condition of probation at any timeprior to the expiration or termination of the probation term, the court maycontinue him on the existing conditions, with or without modifying orenlarging the conditions or extending the term, or, if such continuation,modification, enlargement or extension is not appropriate, may revokeprobation and order that any sentence previously imposed be executed. Ifimposition of sentence was suspended, the court may revoke probation andimpose any sentence available under section 557.011, RSMo. The court maymitigate any sentence of imprisonment by reducing the prison or jail termby all or part of the time the defendant was on probation. The court may,upon revocation of probation, place an offender on a second term ofprobation. Such probation shall be for a term of probation as provided bysection 559.016, notwithstanding any amount of time served by the offenderon the first term of probation.
4. Probation shall not be revoked without giving the probationernotice and an opportunity to be heard on the issues of whether he violateda condition of probation and, if he did, whether revocation is warrantedunder all the circumstances.
5. The prosecuting or circuit attorney may file a motion to revokeprobation or at any time during the term of probation, the court may issuea notice to the probationer to appear to answer a charge of a violation,and the court may issue a warrant of arrest for the violation. Such noticeshall be personally served upon the probationer. The warrant shallauthorize the return of the probationer to the custody of the court or toany suitable detention facility designated by the court. Upon the filingof the prosecutor's or circuit attorney's motion or on the court's ownmotion, the court may immediately enter an order suspending the period ofprobation and may order a warrant for the defendant's arrest. Theprobation shall remain suspended until the court rules on the prosecutor'sor circuit attorney's motion, or until the court otherwise orders theprobation reinstated.
6. The power of the court to revoke probation shall extend for theduration of the term of probation designated by the court and for anyfurther period which is reasonably necessary for the adjudication ofmatters arising before its expiration, provided that some affirmativemanifestation of an intent to conduct a revocation hearing occurs prior tothe expiration of the period and that every reasonable effort is made tonotify the probationer and to conduct the hearing prior to the expirationof the period.
559.036. 1. A term of probation commences on the day it is imposed.Multiple terms of Missouri probation, whether imposed at the same time orat different times, shall run concurrently. Terms of probation shall alsorun concurrently with any federal or other state jail, prison, probation orparole term for another offense to which the defendant is or becomessubject during the period, unless otherwise specified by the Missouricourt.
2. The court may terminate a period of probation and discharge thedefendant at any time before completion of the specific term fixed undersection 559.016 if warranted by the conduct of the defendant and the endsof justice. The court may extend the term of the probation, but no morethan one extension of any probation may be ordered except that the courtmay extend the term of probation by one additional year by order of thecourt if the defendant admits he or she has violated the conditions ofprobation or is found by the court to have violated the conditions of hisor her probation. Total time on any probation term, including anyextension shall not exceed the maximum term established in section 559.016.Procedures for termination, discharge and extension may be established byrule of court.
3. If the defendant violates a condition of probation at any timeprior to the expiration or termination of the probation term, the court maycontinue him on the existing conditions, with or without modifying orenlarging the conditions or extending the term, or, if such continuation,modification, enlargement or extension is not appropriate, may revokeprobation and order that any sentence previously imposed be executed. Ifimposition of sentence was suspended, the court may revoke probation andimpose any sentence available under section 557.011, RSMo. The court maymitigate any sentence of imprisonment by reducing the prison or jail termby all or part of the time the defendant was on probation. The court may,upon revocation of probation, place an offender on a second term ofprobation. Such probation shall be for a term of probation as provided bysection 559.016, notwithstanding any amount of time served by the offenderon the first term of probation.
4. Probation shall not be revoked without giving the probationernotice and an opportunity to be heard on the issues of whether he violateda condition of probation and, if he did, whether revocation is warrantedunder all the circumstances.
5. The prosecuting or circuit attorney may file a motion to revokeprobation or at any time during the term of probation, the court may issuea notice to the probationer to appear to answer a charge of a violation,and the court may issue a warrant of arrest for the violation. Such noticeshall be personally served upon the probationer. The warrant shallauthorize the return of the probationer to the custody of the court or toany suitable detention facility designated by the court. Upon the filingof the prosecutor's or circuit attorney's motion or on the court's ownmotion, the court may immediately enter an order suspending the period ofprobation and may order a warrant for the defendant's arrest. Theprobation shall remain suspended until the court rules on the prosecutor'sor circuit attorney's motion, or until the court otherwise orders theprobation reinstated.
6. The power of the court to revoke probation shall extend for theduration of the term of probation designated by the court and for anyfurther period which is reasonably necessary for the adjudication ofmatters arising before its expiration, provided that some affirmativemanifestation of an intent to conduct a revocation hearing occurs prior tothe expiration of the period and that every reasonable effort is made tonotify the probationer and to conduct the hearing prior to the expirationof the period.
559.036. 1. A term of probation commences on the day it is imposed.Multiple terms of Missouri probation, whether imposed at the same time orat different times, shall run concurrently. Terms of probation shall alsorun concurrently with any federal or other state jail, prison, probation orparole term for another offense to which the defendant is or becomessubject during the period, unless otherwise specified by the Missouricourt.
2. The court may terminate a period of probation and discharge thedefendant at any time before completion of the specific term fixed undersection 559.016 if warranted by the conduct of the defendant and the endsof justice. The court may extend the term of the probation, but no morethan one extension of any probation may be ordered except that the courtmay extend the term of probation by one additional year by order of thecourt if the defendant admits he or she has violated the conditions ofprobation or is found by the court to have violated the conditions of hisor her probation. Total time on any probation term, including anyextension shall not exceed the maximum term established in section 559.016.Procedures for termination, discharge and extension may be established byrule of court.
3. If the defendant violates a condition of probation at any timeprior to the expiration or termination of the probation term, the court maycontinue him on the existing conditions, with or without modifying orenlarging the conditions or extending the term, or, if such continuation,modification, enlargement or extension is not appropriate, may revokeprobation and order that any sentence previously imposed be executed. Ifimposition of sentence was suspended, the court may revoke probation andimpose any sentence available under section 557.011, RSMo. The court maymitigate any sentence of imprisonment by reducing the prison or jail termby all or part of the time the defendant was on probation. The court may,upon revocation of probation, place an offender on a second term ofprobation. Such probation shall be for a term of probation as provided bysection 559.016, notwithstanding any amount of time served by the offenderon the first term of probation.
4. Probation shall not be revoked without giving the probationernotice and an opportunity to be heard on the issues of whether he violateda condition of probation and, if he did, whether revocation is warrantedunder all the circumstances.
5. The prosecuting or circuit attorney may file a motion to revokeprobation or at any time during the term of probation, the court may issuea notice to the probationer to appear to answer a charge of a violation,and the court may issue a warrant of arrest for the violation. Such noticeshall be personally served upon the probationer. The warrant shallauthorize the return of the probationer to the custody of the court or toany suitable detention facility designated by the court. Upon the filingof the prosecutor's or circuit attorney's motion or on the court's ownmotion, the court may immediately enter an order suspending the period ofprobation and may order a warrant for the defendant's arrest. Theprobation shall remain suspended until the court rules on the prosecutor'sor circuit attorney's motion, or until the court otherwise orders theprobation reinstated.
6. The power of the court to revoke probation shall extend for theduration of the term of probation designated by the court and for anyfurther period which is reasonably necessary for the adjudication ofmatters arising before its expiration, provided that some affirmativemanifestation of an intent to conduct a revocation hearing occurs prior tothe expiration of the period and that every reasonable effort is made tonotify the probationer and to conduct the hearing prior to the expirationof the period.
