Chapter 557 General Sentencing Provisions

557.016 - Classification of offenses.

Steven Groce, Attorney Advertisement

1.Felonies are classified for the purpose of sentencing into the following five categories:

(1)Class A felonies;

(2)Class B felonies;

(3)Class C felonies;

(4)Class D felonies; and

(5)Class E felonies.

2.Misdemeanors are classified for the purpose of sentencing into the following four categories:

(1)Class A misdemeanors;

(2)Class B misdemeanors;

(3)Class C misdemeanors; and

(4)Class D misdemeanors.

3.Infractions are not further classified.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

557.026 - Presentence investigation and sentencing assessment report — inquiry of victim, when.

1.When a probation officer is available to any court, such probation officer shall, unless waived by the defendant, conduct a presentence investigation in all felony cases and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011.In all class A misdemeanor cases a probation officer shall, if directed by the court, conduct a presentence investigation and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011.The report shall not be submitted to the court or its contents disclosed to anyone until the defendant has been found guilty.

2.The sentencing assessment report shall be prepared, presented and utilized as provided by rule of court, except that no court shall prevent the defendant or the attorney for the defendant from having access to the complete sentencing assessment report and recommendations before any authorized disposition is made under section 557.011.

3.The defendant shall not be obligated to make any statement to a probation officer in connection with any sentencing assessment report.

4.When the jury enters a finding of guilt and assesses punishment, the probation officer shall, as part of the presentence investigation, inquire of the victim of the offense for which such punishment was assessed of the facts of the offense and any personal injury or financial loss incurred by the victim.If the victim is dead or otherwise unable to make a statement, the probation officer shall attempt to obtain such information from a member of the immediate family of the victim.

(L. 1977 S.B. 60, A.L. 1984 S.B. 611, A.L. 1986 S.B. 618 & 562, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Juvenile court records available for presentence investigation, certain cases, 211.321

557.036 - Role of court and jury in sentencing — two stages of trial — punishment assessed by jury, when.

1.Upon a finding of guilt, the court shall decide the extent or duration of sentence or other disposition to be imposed under all the circumstances, having regard to the nature and circumstances of the offense and the history and character of the defendant and render judgment accordingly.

2.Where an offense is submitted to the jury, the trial shall proceed in two stages.At the first stage, the jury shall decide only whether the defendant is guilty or not guilty of any submitted offense.The issue of punishment shall not be submitted to the jury at the first stage.

3.If the jury at the first stage of a trial finds the defendant guilty of the submitted offense, the second stage of the trial shall proceed.The issue at the second stage of the trial shall be the punishment to be assessed and declared. Evidence supporting or mitigating punishment may be presented.Such evidence may include, within the discretion of the court, evidence concerning the impact of the offense upon the victim, the victim's family and others, the nature and circumstances of the offense, and the history and character of the defendant.Rebuttal and surrebuttal evidence may be presented.The state shall be the first to proceed.The court shall instruct the jury as to the range of punishment authorized by statute for each submitted offense.The attorneys may argue the issue of punishment to the jury, and the state shall have the right to open and close the argument.The jury shall assess and declare the punishment as authorized by statute.

4.A second stage of the trial shall not proceed and the court, and not the jury, shall assess punishment if:

(1)The defendant requests in writing, prior to voir dire, that the court assess the punishment in case of a finding of guilt; or

(2)The state pleads and proves the defendant is a prior offender, persistent offender, dangerous offender, or persistent misdemeanor offender as defined in section 558.016, or a persistent sexual offender or predatory sexual offender as defined in section 566.125.If the jury cannot agree on the punishment to be assessed, the court shall proceed as provided in subsection 1 of this section.If, after due deliberation by the jury, the court finds the jury cannot agree on punishment, then the court may instruct the jury that if it cannot agree on punishment that the court will assess punishment.

5.If the jury returns a verdict of guilty in the first stage and declares a term of imprisonment in the second stage, the court shall proceed as provided in subsection 1 of this section except that any term of imprisonment imposed cannot exceed the term declared by the jury unless the term declared by the jury is less than the authorized lowest term for the offense, in which event the court cannot impose a term of imprisonment greater than the lowest term provided for the offense.

6.If the defendant is found to be a prior offender, persistent offender, dangerous offender or persistent misdemeanor offender as defined in section 558.016:

(1)If he has been found guilty of an offense, the court shall proceed as provided in section 558.016; or

(2)If he has been found guilty of a class A felony, the court may impose any sentence authorized for the class A felony.

7.The court shall not seek an advisory verdict from the jury in cases of prior offenders, persistent offenders, dangerous offenders, persistent sexual offenders or predatory sexual offenders; if an advisory verdict is rendered, the court shall not deem it advisory, but shall consider it as mere surplusage.

(L. 1977 S.B. 60, A.L. 1981 H.B. 554, A.L. 1990 H.B. 974, A.L. 1996 H.B. 974, A.L. 2003 S.B. 5, A.L. 2014 S.B. 491)

Effective 1-01-17

557.051 - Program for perpetrators of sexual offenses, participation required, when — restrictions for persons providing assessments and reports, penalty for violation, exception.

1.A person who has been found guilty of an offense under chapter 566, or any sex offense involving a child under chapter* 568 or 573, and who is granted a suspended imposition or execution of sentence or placed under the supervision of the board of probation and parole shall be required to participate in and successfully complete a program of treatment, education and rehabilitation designed for perpetrators of sexual offenses.Persons required to attend a program under this section shall be required to follow all directives of the treatment program provider, and may be charged a reasonable fee to cover the costs of such program.

2.A person who provides assessment services or who makes a report, finding, or recommendation for any offender to attend any counseling or program of treatment, education or rehabilitation as a condition or requirement of probation following a finding of guilt for an offense under chapter 566, or any sex offense involving a child under chapter* 568 or 573, shall not be related within the third degree of consanguinity or affinity to any person who has a financial interest, whether direct or indirect, in the counseling or program of treatment, education or rehabilitation or any financial interest, whether direct or indirect, in any private entity which provides the counseling or program of treatment, education or rehabilitation.A person who violates this subsection shall thereafter:

(1)Immediately remit to the state of Missouri any financial income gained as a direct or indirect result of the action constituting the violation;

(2)Be prohibited from providing assessment or counseling services or any program of treatment, education or rehabilitation to, for, on behalf of, at the direction of, or in contract with the state board of probation and parole or any office thereof; and

(3)Be prohibited from having any financial interest, whether direct or indirect, in any private entity which provides assessment or counseling services or any program of treatment, education or rehabilitation to, for, on behalf of, at the direction of, or in contract with the state board of probation and parole or any office thereof.

3.The provisions of subsection 2 of this section shall not apply when the department of corrections has identified only one qualified service provider within reasonably accessible distance from the offender or when the only providers available within a reasonable distance are related within the third degree of consanguinity or affinity to any person who has a financial interest in the service provider.

(L. 2014 S.B. 491)

Effective 1-01-17

*Word "chapters" appears in original rolls.

557.011 - Authorized dispositions.

1.Every person found guilty of an offense shall be dealt with by the court in accordance with the provisions of this chapter, except that for offenses defined outside this code and not repealed, the term of imprisonment or the fine that may be imposed is that provided in the statute defining the offense; however, the conditional release term of any sentence of a term of years shall be determined as provided in subsection 4 of section 558.011.

2.Whenever any person has been found guilty of a felony or a misdemeanor the court shall make one or more of the following dispositions of the offender in any appropriate combination.The court may:

(1)Sentence the person to a term of imprisonment as authorized by chapter 558;

(2)Sentence the person to pay a fine as authorized by chapter 560;

(3)Suspend the imposition of sentence, with or without placing the person on probation;

(4)Pronounce sentence and suspend its execution, placing the person on probation;

(5)Impose a period of detention as a condition of probation, as authorized by section 559.026.

3.Whenever any person has been found guilty of an infraction, the court shall make one or more of the following dispositions of the offender in any appropriate combination.The court may:

(1)Sentence the person to pay a fine as authorized by chapter 560;

(2)Suspend the imposition of sentence, with or without placing the person on probation;

(3)Pronounce sentence and suspend its execution, placing the person on probation.

4.Whenever any organization has been found guilty of an offense, the court shall make one or more of the following dispositions of the organization in any appropriate combination.The court may:

(1)Sentence the organization to pay a fine as authorized by chapter 560;

(2)Suspend the imposition of sentence, with or without placing the organization on probation;

(3)Pronounce sentence and suspend its execution, placing the organization on probation;

(4)Impose any special sentence or sanction authorized by law.

5.This chapter shall not be construed to deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty.An appropriate order exercising such authority may be included as part of any sentence.

6.In the event a sentence of confinement is ordered executed, a court may order that an individual serve all or any portion of such sentence on electronic monitoring; except that all costs associated with the electronic monitoring shall be charged to the person on house arrest.If the judge finds the person unable to afford the costs associated with electronic monitoring, the judge may order that the person be placed on house arrest with electronic monitoring if the county commission agrees to pay the costs of such monitoring.If the person on house arrest is unable to afford the costs associated with electronic monitoring and the county commission does not agree to pay from the general revenue of the county the costs of such electronic monitoring, the judge shall not order that the person be placed on house arrest with electronic monitoring.

(L. 1977 S.B. 60, A.L. 2011 H.B. 111, A.L. 2013 H.B. 215 merged with H.B. 374 & 434 merged with S.B. 327)

557.031 - Presentence commitment for study.

1.In felony cases where the circumstances surrounding the commission of the offense or other circumstances brought to the attention of the court indicate a strong likelihood that the defendant is suffering from a mental disease or disorder, and the court desires more detailed information about the defendant's mental condition before making an authorized disposition under section 557.011, it may order the commitment of the defendant for mental examination.

2.The court may commit the defendant to a facility of the department of mental health or to a hospital and order the defendant examined by such person or persons as the court or that department or hospital may designate.The cost of guarding and transporting any confined defendant to and from any such facility or other place of examination shall be borne by the county.Any commitment shall be for a period not exceeding thirty days unless extended by the order of the court.

3.Within forty days after the order the person or persons making such examination or examinations shall transmit to the court a report thereof including answers to any specific questions submitted by the court.The clerk of the court shall immediately supply copies of the report to the prosecuting attorney and to the defendant or his attorney.

4.Any period of commitment to a facility of the department of mental health or to a hospital for the purpose of this section shall be credited against any term of imprisonment imposed upon the defendants.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

557.035 - Hate offenses — provides enhanced penalties for motivational factors in certain offenses.

1.For all violations of section 565.054 or 565.090, subdivision (1) of subsection 1 of section 569.100, or subdivision (1), (2), (3), (4), (6), (7) or (8) of subsection 1 of section 571.030, which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class D felony.

2.For all violations of section 565.056; subdivision (1) of subsection 1 of section 569.090; subdivision (1) of subsection 1 of section 569.120; section 569.140; or section 574.050; which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class E felony.

3.The court shall assess punishment in all of the cases in which the state pleads and proves any of the motivating factors listed in this section.

(L. 1999 S.B. 328, et al., A.L. 2014 S.B. 491, A.L. 2017 S.B. 34)

557.021 - Classification of offenses outside this code.

1.Any offense defined outside this code which is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor.

2.Any offense defined outside this code which is declared to be a felony without specification of the penalty therefor is a class E felony.

3.For the purpose of applying the extended term provisions of section 558.016 and the minimum prison term provisions of section 558.019 and for determining the penalty for attempts and conspiracies, offenses defined outside of this code shall be classified as follows:

(1)If the offense is a felony:

(a)It is a class A felony if the authorized penalty includes death, life imprisonment or imprisonment for a term of twenty years or more;

(b)It is a class B felony if the maximum term of imprisonment authorized exceeds ten years but is less than twenty years;

(c)It is a class C felony if the maximum term of imprisonment authorized is ten years;

(d)It is a class D felony if the maximum term of imprisonment exceeds four years but is less than ten years;

(e)It is a class E felony if the maximum term of imprisonment is four years or less;

(2)If the offense is a misdemeanor:

(a)It is a class A misdemeanor if the authorized imprisonment exceeds six months in jail;

(b)It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but is not more than six months;

(c)It is a class C misdemeanor if the authorized imprisonment is thirty days or less;

(d)It is a class D misdemeanor if it includes a mental state as an element of the offense and there is no authorized imprisonment;

(e)It is an infraction if there is no authorized imprisonment.