Section 27.25 Conditional Release

• Library: Criminal Practice 2012 Supp

H. (§27.25) Conditional Release

Section 558.011.1, RSMo Supp. 2004, states the authorized terms of imprisonment, including the prison and the conditional release terms. Conditional release is defined in § 558.011.4(2) to mean “the conditional discharge of an offender by the board of probation and parole, subject to conditions of release that the board deems reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the state board of probation and parole.” A mandatory condition of release is that the defendant not commit any other federal or state crimes. The Board of Probation and Parole has discretion in imposing other conditions that it deems “reasonably necessary” to assist the defendant in avoiding further violation of the law.

Under § 558.011.4(1), the conditional release terms for those defendants sentenced to a term of imprisonment for a felony other than a dangerous felony as defined in § 556.061, RSMo Supp. 2004, and other than for sentences that involved the defendant’s fourth or subsequent commitment to the Department of Corrections, are as follows:

· “One-third for terms of nine years or less;

· Three years for terms between nine and fifteen years;

· Five years for terms more than fifteen years;”

The prison term is the remainder of such term and is subject to extension by the Board of Probation and Parole under § 558.011.5, which provides that the date of the conditional release may be extended up to a maximum of the entire imprisonment sentence. These extensions are based on the defendant failing to follow the rules and regulations of any division of the Department of Corrections or the defendant committing an act in violation of the rules and regulations. All decisions by the Board on the extension are final.

Note: Under H. B. 353, 93^rd Gen. Assembly, 1^st Reg. Sess. (Mo. 2005) (awaiting signature by the Governor at the time of publication of this deskbook) new § 217.735, RSMo, will apply to conditional releases if the defendant has pleaded guilty to or been found...