Section 27.30 Shock Detention and Short-Term Shock Programs

• Library: Criminal Practice 2012 Supp

E. (§27.30) Shock Detention and Short-Term Shock Programs

A defendant in either a misdemeanor or a felony case who has been granted probation may be ordered by the court to serve a period of detention in a county jail, halfway house, honor center, workhouse, or other institution. This shock detention is in addition to other conditions the court may impose for the probation period. The period of detention in a misdemeanor case cannot exceed the shorter of 15 days or the maximum term of imprisonment authorized for the misdemeanor under Chapter 558, RSMo. The period of detention in a felony case cannot exceed 120 days. Any period of detention served by the defendant is to be credited against the prison or jail term served for the offense for which the detention was imposed if the probation of the defendant is later revoked. Section 559.026, RSMo Supp. 2004.

The court is authorized in § 559.115.2, RSMo Supp. 2004, to grant probation to a defendant any time up to one 120 days after the defendant has been delivered to the Department of Corrections. The court may request and receive from the Department information and a recommendation regarding the defendant and the defendant’s conduct during the incarceration period. Except as otherwise provided by statute, the court may place the defendant on probation in a program created under § 217.777, RSMo 2000, or on probation with any other conditions that the court is authorized by law to impose. If the court intends to grant the probation, it must notify the state in writing, and the state may then request a hearing in writing within 10 days of receipt of the notice. The hearing is to be conducted as soon as reasonably possible. If the state does not respond to the court’s notice within the time allowed, the court may proceed with its own motion to grant the defendant probation. Section 559.115.6.

The court may recommend that the defendant be placed in a Department of Corrections 120-day program. Once the court’s recommendation is received, the Department must determine:

· the defendant’s eligibility for the program;

· the nature, intensity, and duration of the defendant’s participation; and

· the availability of space for the defendant.

Section 559.115.3. If there is not space for the defendant in the recommended program, the court may place the defendant in a private program approved by the Department or the court with the expenses paid by the defendant or in an available program offered by another organization...