Section 28.4 Authorized Dispositions

• Library: Criminal Practice 2012 Supp

C. (§28.4) Authorized Dispositions

Section 557.011.2(3) and (4), RSMo 2000, allows the court to give the offender a suspended imposition of sentence (SIS) or a suspended execution of sentence (SES) and place the person on a specific period of probation. See State ex rel. Popowich v. Conley, 967 S.W.2d 294, 297 (Mo. App. W.D. 1998). An SIS is not considered a conviction if the probation is successfully completed. If the probation is not completed, the court may either revoke the probation, sentence the offender to a term of incarceration and execute that sentence, or suspend that sentence and grant a new term of probation. See §28.10 below for authority. In an SES, the court sentences the offender to a period of incarceration, suspends that time, and places the offender on a term of probation. If the offender’s probation is revoked, the sentence ordered is already known and will be executed. This is considered a conviction regardless of whether the offender completes the probation successfully.

“The court shall designate a specific term of probation at the time of sentencing or at the time of suspension of imposition of sentence.” Section 559.016.2, RSMo 2000. For a felony, a court may specify a term of one to five years. Section 559.016.1(1). For a misdemeanor, a court may specify a term of six months to two years. Section 559.016.1(2). For an infraction, a court may specify a term of six months to one year. Section 559.016.1(3).

Under § 559.036.1, RSMo 2000, the term of probation begins on the day it is imposed, and multiple terms of probation are deemed to run concurrently with each other and concurrently with any other probation or sentence, whether state or federal. But if probation is revoked, the sentences of multiple probation violations may, in the court’s discretion, run concurrent or consecutive.

The court may also:

impose a period of detention as a condition of probation, as authorized by § 559.026, RSMo Supp. 2004, § 557.011.2(5);

enter a decree of forfeiture of property, § 557.011.5;

suspend or cancel a license, id.;

remove a person from office, id.; or

impose any other civil penalty, id.

2012 CUMULATIVE SUPPLEMENT (§28.4)

C. (§28.4) Authorized Dispositions

In State ex rel. Kauble v. Hartenbach, 216 S.W.3d 158 (Mo. banc 2007), the Court discussed the practical effect of an SIS and how it impacts those convicted of sex offenses by still requiring them to register as sex offenders, even though it is not considered a conviction because the...