Section 28.6 Generally

• Library: Criminal Practice 2012 Supp

1. (§28.6) Generally

When the court places a defendant on probation, it may impose any conditions that it deems “reasonably necessary to ensure that the defendant will not again violate the law.” Section 559.021.1, RSMo Supp. 2004. The probationer shall be given explicit written conditions of the probation and release.

There are eight “standard” or general conditions of probation. These conditions are printed in a document called the
“White Book” and should be given to all probationers by the probation officer. This document is available at www.doc.missouri.gov/pdf/White%20book.pdf. Although special conditions made by the court are printed on court documents containing probation orders and are adopted by the Board in accordance with § 217.755, RSMo 2000, the general conditions are not. It should be further noted that, at any time during the probation term, the court may modify or enlarge the conditions of probation. Section 559.021.7; § 559.016.3, RSMo 2000.

Section 217.695.2, RSMo 2000, requires all persons convicted of a felony to register their address and employment and have fingerprints, photos, and, in some cases, DNA evidence collected. All of this information shall be retained by the Department of Corrections and sent to the chief law enforcement agency in the county of the probationer’s residence. Id. Failure to do so can
be a violation of probation. Moreover, § 589.400.2, RSMo...