Missouri Revised Statutes
Chapter 559 - Probation
Section 559.105 - Restitution may be ordered, when — limitation on release from probation — amount of restitution.

Effective - 28 Aug 2021, 3 histories
559.105. Restitution may be ordered, when — limitation on release from probation — amount of restitution. — 1. Any person who has been found guilty of or has pled guilty to an offense may be ordered by the court to make restitution to the victim for the victim's losses due to such offense. Restitution pursuant to this section shall include, but not be limited to a victim's reasonable expenses to participate in the prosecution of the crime.
2. No person ordered by the court to pay restitution pursuant to this section shall be released from probation until such restitution is complete. If full restitution is not made within the original term of probation, the court shall order the maximum term of probation allowed for such offense.
3. Any person eligible to be released on parole shall be required, as a condition of parole, to make restitution pursuant to this section. The parole board shall not release any person from any term of parole for such offense until the person has completed such restitution, or until the maximum term of parole for such offense has been served.
4. The court may set an amount of restitution to be paid by the defendant. Said amount may be taken from the inmate's account at the department of corrections while the defendant is incarcerated. Upon conditional release or parole, if any amount of such court-ordered restitution is unpaid, the payment of the unpaid balance may be collected as a condition of conditional release or parole by the prosecuting attorney or circuit attorney under section 559.100. The prosecuting attorney or circuit attorney may refer any failure to make such restitution as a condition of conditional release or parole to the parole board for enforcement.
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(L. 2005 H.B. 353, A.L. 2013 H.B. 215, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
(2017) Application of section, amended in 2013 to allow sentencing court to require both payment of restitution as well as serving a prison term, to defendant who pleaded guilty prior to effective date of amended section was unconstitutional ex post facto law. Bellamy v. State, 525 S.W.3d 166 (Mo.App.W.D.).

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders

Chapter 559 - Probation

Section 559.012 - Eligible for probation, when.

Section 559.016 - Terms of probation — extension.

Section 559.021 - Conditions of probation — compensation of victims — free work, public or charitable — defendant not an employee for workers' compensation purposes — payment to county restitution fund, when.

Section 559.026 - Detention condition of probation.

Section 559.029 - Transfer of supervision.

Section 559.031 - Transfer to another court.

Section 559.036 - Duration of probation — revocation.

Section 559.100 - Circuit courts, power to place on probation or parole — revocation — conditions — restitution.

Section 559.105 - Restitution may be ordered, when — limitation on release from probation — amount of restitution.

Section 559.106 - Lifetime supervision of certain sexual offenders — electronic monitoring — termination at age sixty-five permitted, when.

Section 559.107 - Notification of monitoring to highway patrol — information entered into MULES and sexual offender registry.

Section 559.110 - Bond may be required — forfeiture.

Section 559.115 - Appeals, probation not to be granted, when — probation granted after delivery to department of corrections, time limitation, assessment — one hundred twenty day program — notification to state, when, hearing — no probation in certai...

Section 559.117 - Mental health assessment pilot program — offenders eligible — report to sentencing court — no probation, when — report to governor and general assembly.

Section 559.120 - Probation may be granted, when — community-based treatment program participation, when.

Section 559.125 - Record of applications for probation or parole to be kept — information to be privileged — exceptions.

Section 559.201 - Board of probation and parole created, 6th, 7th and 16th circuits — powers.

Section 559.211 - Board of probation and parole — powers.

Section 559.221 - Board of probation and parole — concurrent powers with trial courts.

Section 559.231 - Board of probation and parole — records.

Section 559.241 - Board of probation and parole — personnel.

Section 559.301 - Board of paroles created, certain circuits — powers.

Section 559.311 - Board of paroles — rules and regulations — meetings — members.

Section 559.321 - Board of paroles — powers.

Section 559.331 - Board of paroles — duties — records.

Section 559.600 - Misdemeanor probation may be provided by contract with private entities, not to exclude board of probation and parole — drug testing — travel limits.

Section 559.602 - Private entities to make application to circuit court to provide misdemeanor probation — contract content — procedure — withdrawal of board, when.

Section 559.604 - Cost of misdemeanor probation to be paid by offenders, exceptions.

Section 559.607 - Municipal ordinance violations, probation may be contracted for by municipal courts, procedure — cost to be paid by offenders, exceptions.

Section 559.609 - Qualifications and factors considered by judges in approving private entities to serve as probation offices.

Section 559.612 - Bids to be made by private entities — minimum duration for contracts — termination for cause prior to expiration permitted.

Section 559.615 - Nepotism or financial interest by judges or certain other elected county officials, in private entities, prohibited.

Section 559.630 - Definitions.

Section 559.633 - Court to order participation in program, when — fees determined by department of corrections — supplemental fee to be deposited in correctional substance abuse earnings fund.

Section 559.635 - Correctional substance abuse earnings fund, use, rules.