Earned Compliance Credit (ECC 217.703)
- Probation and Parole must comply with the statutory obligation to award ECC unless the offender meets the exclusion criteria in statute.
- Probation cases ordered to pay restitution shall automatically require restitution be paid in full prior to ECC being applied and does not require a court order specific to ECC.
- Probation cases in custody for any reason shall have an override entered in the P&P agency system, temporarily suspending ECC.
- If a probation case is ordered into a treatment court after December 18, 2018, the application of ECC shall be suspended. Upon successful completion, all earned ECC will be applied, however, if terminated none shall apply.
- All ECC shall be rescinded when the offender is placed in CODS pursuant to 559.036
- In response to a violation, the court may hold a hearing on any eligible offense and make a finding that the offender is ineligible to earn credits because of the nature and circumstances of the violation.
Long Term Court-Ordered Substance Abuse Program (LTC-217.362)
- The offender must be a chronic (3 felony findings of guilt) non-violent offender as defined
in RSMo 217.010 with no past or current dangerous felonies defined in RSMo 556.061, and have a sentence length of four years. Program length is at least 12 months. - Offenders that have a statutory prohibition prior to probation/parole release must be scheduled for program entry such that their program completion date coincides with the statutory requirement (For Example: Chronic DWIs will be scheduled for program entry after 12 months have been served including jail credit).
Court-Ordered Detention Sanction (CODS-559.036)
- CODS placement is required prior to revocation if the offender is on supervision for an eligible offense, the offender has not consented to revocation, and the offender is otherwise eligible for CODS.
- The offender must not have a prior 120 Program pursuant to 559.115 RSMo or Post Conviction placement pursuant to 217.785 on the same offense. (Prior 217.362 placement is allowed.)
- All ECC credit is rescinded if an offender goes to CODS. The offender will not earn credits until released under supervision.
- Only an offender with technical violations is eligible for CODS. (No laws, weapons, absconder, and/or violation of no-contact order violations.)
When the offender completes CODS Successfully: The Court will receive a Court Report. This report will note the date the offender will be released on probation supervision.
If the offender is terminated from CODS: The offender will be released within 15 working days after the court is notified, unless the sentencing court issues a warrant to facilitate the return of the offender to the county of jurisdiction for further court proceedings.
Post Conviction Treatment (PCT 217.785)
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In order to be eligible for sentencing to the institutional phase, the offender must
have initially failed the community phase of treatment while on probation.
Domestic Violence Supervision
Any offender sentenced on or after October 1, 2014 for one of the following charges and whose victim is an intimate partner shall be supervised on the Domestic Violence Specialized Caseload.
- Aggravated Stalking (565.225; prior to 1/1/2017)
- Domestic Assault 1st (566.072)
- Domestic Assault 2nd (565.073)
- Domestic Assault 3rd (565.074)
- Domestic Assault 4th (565.076)
- Stalking 1st (565.225)
- Violation Order Protection/Ex Parte (455.085 and 455.050)
Offenders will be supervised on an enhanced level and be required to complete a Batterer Invention Program and/or counseling addressing their Domestic Violence behavior. No Court or Parole Board Special Condition is required.
If the offender was sentenced before October 1, 2014, the case will be assessed to determine placement on the Domestic Violence Specialized Caseload.
Sex Offender Assessment Unit
- Sentencing Assessment Report (SAR) is required.
- The assessment is to determine the offender’s suitability for supervision and community-based sex offender treatment and is not considered a program.
- At the conclusion of the assessment, a report will be sent to the Court outlining a recommendation.
- Should the Court agree with the assessment outlining the release plan, a court order for probation release should be submitted.
- Should the Court disagree, an order denying release should be entered. No hearing is required by statute to deny such release.
120 Day Program Pursuant to 559.115 RSMo
- The offender is eligible at initial sentencing (term sentence pursuant to 559.115).
- May occur at revocation of SIS/SES after mandatory CODS has occurred, if applicable.
- Offense must not carry a statutory restriction against probation/parole.
- Offenders will be assessed by the Department of Corrections and placed in either an Institutional Treatment Program or a Structured Cognitive Behavioral Intervention Program.
An offender sentenced pursuant to 559.115 RSMo will be statutorily discharged upon the 120th day unless the Court issues an order for Probation and Parole to supervise. A hearing is required if the Court believes probation release is not appropriate.
If an offender is successful at the time of the Initial Court Report and is later terminated (after the Court has issued a release order) then the offender will be released unless a new Court order is received.
If an offender is terminated, the offender’s sentence will be executed if no Court order for release is received.
For more information outlining other programming criteria please review the
Supervision Strategies and Treatment Alternatives Booklet
This booklet can assist the Court and Attorneys in recommending an appropriate offender management strategy.
Last revised 12-1-16
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