Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-56 Duration of probation; revocation.
(a) A term of probation commences on the day it is imposed.
Multiple terms of probation,
whether imposed at the same time or at different times, shall run concurrently. Terms of
probation shall also run concurrently with any federal or other state jail, prison, probation or
parole term for another offense to which the defendant is or becomes subject during the period,
unless otherwise specified by the court.
(b) The court may terminate a period of probation and discharge
the defendant at any time
before completion of the specific term fixed under section 16-52 if warranted by the conduct of
the defendant and the ends of justice. Procedures for termination and discharge may be
established by rule of court.
(c) If the defendant violates a condition of probation at
any time prior to the expiration or
termination of the probation term, the court may continue him on the existing conditions, with or
without modifying or enlarging the conditions, or, if such continuation, modification, or
enlargement is not appropriate, may revoke probation and order that any sentence previously
imposed be executed. If imposition of sentence was suspended, the court may revoke probation
and impose any sentence available under section 16-83. The court may mitigate any sentence of
imprisonment by reducing the prison or jail term by all or part of the time the defendant was on
(d) Probation shall not be revoked without giving the probationer
notice and an opportunity to
be heard on the issues of whether he violated a condition of probation and, if he did, whether
revocation is warranted under all the circumstances.
(e) At any time during the term of probation the court may
issue a notice to the probationer to
appear to answer a charge of a violation, and the court may issue a warrant of arrest for the
violation. Such notice shall be personally served upon the probationer. The warrant shall
authorize the return of the probationer to the custody of the court or to any suitable detention
facility designated by the court.
(f) Any probation officer, if he has probable cause to believe
that the probationer has violated
a condition of probation, may arrest the probationer without a warrant, or may deputize any other
officer with the power of arrest to do so by giving him a written statement of the circumstances
of the alleged violation, including a statement that the probationer has, in the judgment of the
probation officer, violated the conditions of his probation. The written statement, delivered with
the probationer to the official in charge of any jail or other detention facility, shall be sufficient
authority for detaining the probationer pending a preliminary hearing on the alleged violation.
(g) If the probationer is arrested under the authority granted
in paragraphs (e) and (f) of this
section, he shall have the right to a preliminary hearing on the violation charged. He shall be
notified immediately in writing of the alleged probation violation. If he is arrested in the
jurisdiction of the sentencing court, and the court which placed him on probation is immediately
available, the preliminary hearing shall be heard by the sentencing court. Such preliminary
hearings shall be conducted as provided by rule of court. If it appears that there is probable cause
to believe that the probationer has violated a condition of his probation, or if the probationer
waives the preliminary hearing, the judge shall order the probationer held for further proceedings
in the sentencing court. If probable cause is not found, this shall not bar the sentencing court
from holding a hearing on the question of the probationer's alleged violation of a condition of
probation nor from ordering the probationer to be present at such a hearing. Provisions regarding
release on bail of persons charged with offenses shall be applicable to probationers arrested and
ordered held under this provision.
(h) Upon such arrest and detention, the probation officer
shall immediately notify the
sentencing court and shall submit to the court a written report showing in what manner the
probationer has violated the conditions of probation. Thereupon, or upon arrest by warrant, the
court shall cause the probationer to be brought before it without unnecessary delay for a hearing
on the violation charged. Revocation hearings shall be conducted as provided by rule of court.
(i) The power of the court to revoke probation shall extend
for the duration of the term of
probation designated by the court and for any further period which is reasonably necessary for
the adjudication of matters arising before its expiration, provided that some affirmative
manifestation of an intent to conduct a revocation hearing occurs prior to the expiration of the
period and that every reasonable effort is made to notify the probationer and to conduct the
hearing prior to the expiration of the period.
(Code 1964, § 7.515)
State law reference(s)--Similar provisions, RSMo. § 559.036.