Section 28.10 Duration and Extension of Probation

• Library: Criminal Practice 2012 Supp

G. (§28.10) Duration and Extension of Probation

Section 559.036.2, RSMo 2000, provides that “[t]he court may terminate a period of probation and discharge the defendant at any time before completion of the specific term . . . if warranted by the conduct of the defendant and the ends of justice.” If the probationer violates probation, § 559.036.3 allows the court to (1) “continue [the defendant] on the existing conditions, with or without modifying or enlarging the conditions or extending the term” or (2) revoke the probation and order that any sentence previously imposed be executed or, if an SIS was ordered, impose a sentence. It is important to note that probation can only be revoked for a violation occurring during probation and not before probation was ordered. Section 559.036.6; State ex rel. Popowich v. Conley, 967 S.W.2d 294, 299 (Mo. App. W.D. 1998) (citing United States v. Twitty, 44 F.3d 410, 413 (6^th Cir.1995)). If the court extends the term of probation, it may do so only one time. See State ex rel. Heberlie v. Martinez, 128 S.W.3d 616 (Mo. App. E.D. 2004). The total time of any probation term shall not exceed the maximum permitted by § 559.016.1, now RSMo 2000. See §28.4, supra. Moreover, § 559.036.3 states that “[t]he court may, upon revocation of probation, place an offender on a second term of probation. Such probation shall be for a term of probation as provided in section 559.016, notwithstanding any amount of time served by the offender on the first term of probation.” Hence, the court may order a new term of probation for up to two more years in a misdemeanor and five more years in a felony.

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