558.011. Sentence of imprisonment, terms--conditional release.
Sentence of imprisonment, terms--conditional release.
558.011. 1. The authorized terms of imprisonment, including bothprison and conditional release terms, are:
(1) For a class A felony, a term of years not less than ten years andnot to exceed thirty years, or life imprisonment;
(2) For a class B felony, a term of years not less than five yearsand not to exceed fifteen years;
(3) For a class C felony, a term of years not to exceed seven years;
(4) For a class D felony, a term of years not to exceed four years;
(5) For a class A misdemeanor, a term not to exceed one year;
(6) For a class B misdemeanor, a term not to exceed six months;
(7) For a class C misdemeanor, a term not to exceed fifteen days.
2. In cases of class C and D felonies, the court shall havediscretion to imprison for a special term not to exceed one year in thecounty jail or other authorized penal institution, and the place ofconfinement shall be fixed by the court. If the court imposes a sentenceof imprisonment for a term longer than one year upon a person convicted ofa class C or D felony, it shall commit the person to the custody of thedepartment of corrections for a term of years not less than two years andnot exceeding the maximum authorized terms provided in subdivisions (3) and(4) of subsection 1 of this section.
3. (1) When a regular sentence of imprisonment for a felony isimposed, the court shall commit the person to the custody of the departmentof corrections for the term imposed under section 557.036, RSMo, or untilreleased under procedures established elsewhere by law.
(2) A sentence of imprisonment for a misdemeanor shall be for adefinite term and the court shall commit the person to the county jail orother authorized penal institution for the term of his or her sentence oruntil released under procedure established elsewhere by law.
4. (1) A sentence of imprisonment for a term of years for feloniesother than dangerous felonies as defined in section 556.061, RSMo, andother than sentences of imprisonment which involve the individual's fourthor subsequent remand to the department of corrections shall consist of aprison term and a conditional release term. The conditional release termof any term imposed under section 557.036, RSMo, shall be:
(a) One-third for terms of nine years or less;
(b) Three years for terms between nine and fifteen years;
(c) Five years for terms more than fifteen years; and the prison termshall be the remainder of such term. The prison term may be extended bythe board of probation and parole pursuant to subsection 5 of this section.
(2) "Conditional release" means the conditional discharge of anoffender by the board of probation and parole, subject to conditions ofrelease that the board deems reasonable to assist the offender to lead alaw-abiding life, and subject to the supervision under the state board ofprobation and parole. The conditions of release shall include avoidance bythe offender of any other crime, federal or state, and other conditionsthat the board in its discretion deems reasonably necessary to assist thereleasee in avoiding further violation of the law.
5. The date of conditional release from the prison term may beextended up to a maximum of the entire sentence of imprisonment by theboard of probation and parole. The director of any division of thedepartment of corrections except the board of probation and parole may filewith the board of probation and parole a petition to extend the conditionalrelease date when an offender fails to follow the rules and regulations ofthe division or commits an act in violation of such rules. Within tenworking days of receipt of the petition to extend the conditional releasedate, the board of probation and parole shall convene a hearing on thepetition. The offender shall be present and may call witnesses in his orher behalf and cross-examine witnesses appearing against the offender. Thehearing shall be conducted as provided in section 217.670, RSMo. If theviolation occurs in close proximity to the conditional release date, theconditional release may be held for a maximum of fifteen working days topermit necessary time for the division director to file a petition for anextension with the board and for the board to conduct a hearing, providedsome affirmative manifestation of an intent to extend the conditionalrelease has occurred prior to the conditional release date. If at the endof a fifteen-working-day period a board decision has not been reached, theoffender shall be released conditionally. The decision of the board shallbe final.
(L. 1977 S.B. 60, A.L. 1979 S.B. 234, A.L. 1982 H.B. 1196, A.L. 1984 S.B. 611, A.L. 1990 H.B. 974, A.L. 1994 S.B. 763, A.L. 2003 S.B. 5)Effective 6-27-03