Section 28.7 Special Conditions, Shock Probation, Substance Abuse

• Library: Criminal Practice 2012 Supp

2. (§28.7) Special Conditions, Shock Probation, Substance Abuse

Courts also have the discretion to impose “special” conditions of probation designed to fit the individual circumstances of the defendant. Section 559.021.2, RSMo Supp. 2004, specifically provides for restitution to the victim of the crime and the performance of community service as special conditions of probation. The defendant, of course, may refuse probation conditioned on the performance of free work, in which case the court can order the sentencing executed accordingly. Section 559.021.3. The court may also require the defendant to repay all or part of the value of the legal services rendered by the public defender. Section 600.093, RSMo 2000.

Additionally, some circuit judges may require a defendant on probation to report to the court on specific dates for the purpose of reviewing the progress of the defendant or to amend, modify, or eliminate special conditions previously imposed. See § 559.021.7.

The court may order house arrest under § 217.541, RSMo 2000. An offender who fails to return to the offender’s place of residence or activity authorized by the statute can be charged with a class D felony. Section 217.542.2, RSMo 2000.

In alcohol-related cases, the court can impose a condition that the defendant submit to breath or blood alcohol testing at the...