Section 28.27 120-Day Institutional Treatment Program

• Library: Criminal Practice 2012 Supp

E. (§28.27) 120-Day Institutional Treatment Program

The stated purpose of the 120-day institutional treatment program is to provide drug and alcohol treatment programs in a disciplined and structured setting. The program is presently open to male and female adult nonviolent felony offenders with active substance abuse problems when prior treatment in the community was unsuccessful. It is commonly referred to as “the 120-day call back.” An offender’s first commitment to this program is not considered a “remand” under § 558.019, RSMo Supp. 2004. Section 559.115.7, RSMo Supp. 2004.

The program involves 12 weeks of substance abuse treatment. Referrals to this program must be made by the courts, and releases are also made by the courts. If the drug program is full, the court may place the offender in a private program approved by the DOC or the court (the expenses of the program to be paid by the offender) or in an available program offered by another organization. If the offender is convicted of a class C or class D nonviolent felony, the court may order probation while awaiting appointment to treatment. No person convicted of the following offenses shall be eligible:

· Murder in the second degree under § 565.021, RSMo 2000

· Forcible rape under § 566.030, RSMo 2000

· Forcible sodomy under § 566.060, RSMo 2000

· Statutory rape in the first degree under § 566.032, RSMo 2000

· Statutory sodomy in the first degree under § 566.062, RSMo 2000

· Child...