Municipal Clerk Manual – Courts with JIS - Chapter 3 - Citation Case Processing Procedures: Probation Summary

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	3.2
Subject:	Chapter 3 - Citation Case Processing Procedures	Publication / Adopted Date:	February 1992
Topic:	Probation Summary	Revised / Effective Date:	August 2017

Municipal Clerk Manual
Courts with JIS
Chapter Three - Traffic Case Processing Procedures

3.2 – Probation Summary

References
Statutes: 302.345, 302.440, 302.441, 302.442, 302.454, 302.456, 302.458, 302.460, 479.190, 559.036, 559.607, 577.600, 577.605, and 577.612, RSMo
Supreme Court Rules: 37.64
Court Operating Rules: N/A
Publication Date: April 1993
Revised: August 2017

PROBATION (Supreme Court Rule 37.64; Sections 302.345, 479.190, and 559.607, RSMo)

Probation is an alternative to incarceration which allows defendants to stay out of jail as long as they abide by certain conditions. The judge will provide a list of the conditions on the probation order. A Probation Order and Certificate form is at the end of this section.

The probation may be set up as either a suspended imposition of sentence (SIS) or a suspended execution of sentence (SES). The following characteristics are generally associated with SIS and SES:

Suspended Imposition of Sentence (SIS)

1. No sentence is imposed.

2. The judge does not include jail time or a fine in the disposition order.

3. Probation is usually granted in lieu of a fine or jail time.

4. No points may be assessed against the defendant's drivers’ license in traffic cases.

5. The defendant's case record is closed to the public (i.e. confidential) under the provisions of chapter 610, RSMo, when the "case is finally terminated." See handbook section 5.1 Closed Records Under Chapter 610, RSMo for more information on confidential cases.

Note

Section

302.345

, RSMo

, prohibits any court from deferring imposition of judgment, or suspending imposition of sentence (SIS) for any individual who possesses a commercial driver’s license.

Suspended Execution of Sentence (SES)

1. Sentence is imposed and the execution (carrying out) of the sentence is suspended, either in part or totally.

2. The judge can order a fine in the disposition order; however, part or the entire sentence is suspended.

3. Probation is granted.

4. Points are assessed against the defendant's driver’s license if the charge carries a point assessment penalty.

5. The defendant's record is open to the public.

Ignition Interlock as a Condition of Probation (Sections 302.440, 302.441, 302.442, 302.454, 302.456, 302.458, 302.460, 577.600, 577.605, and 577.612, RSMo)

In addition to any other provisions of law, the court may require a person who is found guilty of or pleads guilty to a first intoxication-related traffic offense, to equip their vehicles with an ignition interlock device. The court shall require the use of an ignition interlock device for a period of not less than six months from the date of reinstatement of the person’s drivers’ license of any person who is found guilty of or pleads guilty to a second or subsequent intoxication related offense. In addition, the court shall require the use of the ignition interlock device on all vehicles operated by the person.

A person required to have an ignition interlock device installed on his/her vehicle(s) may apply to the court for an employment exemption variance to allow him/her to drive an employer-owned vehicle not equipped with an ignition interlock device for employment purposes only. Such exemption shall not be granted to a person who is self-employed or who wholly or partially owns or controls an entity that owns an employer-owned vehicle.

A person who is granted an employment exemption variance shall not drive, operate, or be in physical control of an employer-owned vehicle used for transporting children under 18 years of age or vulnerable persons, as defined in section 630.005, RSMo, or an employer-owned vehicle for personal use.

The defendant is responsible for the cost of the equipment. However, the judge may reduce the amount of the fine by the cost of the interlock device.

The court shall send the order to install an ignition interlock device to the Director of Revenue in all cases where driving privileges are restricted pursuant to section 577.600, RSMo. The order shall contain the requirement for, and period of, the use of the interlock device. An Order to Install Ignition Interlock Device form is at the end of this section.

Note: To receive a copy of providers please contact:

Missouri Department of Transportation

Traffic and Highway Safety Division

PO Box 270

Jefferson City, MO 65102

573-751-4161 or 800-800-2358

REVOCATION OF PROBATION (Section 559.036, RSMo)

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 or her on the existing conditions, with or without modifying or enlarging the conditions or extending the term. If a defendant violates the order of probation, a notice of a revocation hearing must be mailed to the defendant. The notice must inform the defendant of the specific condition of probation which he or she has violated. A Notice of Revocation Hearing form is at the end of this section.

The judge will make a determination at the revocation hearing to either reinstate (continue) probation, or to revoke probation. If probation is revoked, the judge will sign a written order revoking probation. An Order of Probation Revocation Hearing form is at the end of this section.

CLERK’S DUTIES/PROCEDURES

REMINDER: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD.)

Courts Accepting Paper Filings and

Courts Accepting eFiled Documents

1. Verify the sentence entered is correct.

1.1

CMADISP – Charge Disposition & Sentencing (See Procedures: Disposing Charges)

(See Section 3.1 Case Disposition Procedures)

2. CZAPROG – Custom/Programs/Services (See Procedures: Programs/Services Procedures in GOLD)

2.1 Enter the appropriate facility/program for the probation sentence.

3. Print the probation agreement/order for the defendant’s signature upon conclusion of the hearing at which probation was granted.

3.1

CZRLMRG - Custom Letter Merge

(See Service Documents: Procedures: Issuing a Service Document(s) in GOLD.)

3.2 Use one of the following letter codes, as appropriate:

ORPB - Order of Probation.

ORSP - Order of Supervised Probation.

CSAG Community Service Agreement.

4. If the court orders the defendant to install an ignition interlock device, the Order to Install Ignition Interlock Device form must be completed and a copy given to the defendant.

4.1

CZRLMRG - Custom Letter Merge

(See Procedures: Issuing a Service Document(s) in GOLD.)

4.2 Use the following letter code:

OIII - Order to Install Ignit Interlock.

Note

: The judge may sign an order approving an employment exemption variance to allow an employee to drive a company vehicle without the use of the ignition interlock device. If the judge grants the request on the above referenced order, this must be noted in docket text.

5. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD.)

5.1 Docket the probation order and/or order to install ignition interlock using the following codes:

OPROB – Order of Probation

OIGID – Order Install Ignition Intrlk Dvc

6. File the case in alphabetical order with other active probation files.

Probation Reports, Citations or Violations Received

1. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD.)

1.1 Docket the probation report and/or citation or violations received using one of the following docket codes:

FPRRE – Progress Report Filed.

FPRVI – Probation Violation Filed

FPPIR – P&P Information Report Filed

Note

: Remember to treat the reports as confidential and separate from the court record. Docket and forward any probation reports, motions or requests filed by the prosecutor or probation officer to the Judge

2. If the prosecutor recommends that probation be revoked, forward the motion or request to the judge, set the case for hearing, and notify the defendant and the appropriate officials of the hearing date.

2.1

CSAEVNT - Custom Event Scheduling

(See Procedures: Event Scheduling Procedures in GOLD.)

3. OSCA Reports (See Report Topics: OSCA Reports: Procedures General: Procedures: Generating an OSCA Report: Case Daily Reports: Notice of Entry in GOLD.)

3.1 Generate Notice of Entry to mail to print and mail to all parties.

3.2 Select the File Copy option to print a paper copy for the case file.

Probation Suspended

1. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD.)

1.1 Use the docket code OPRSU - Order Prob Suspension, to indicate the order suspending probation.

1.2 Enter into docket text any relevant details regarding the order suspending probation entered.

2. CZAPROG - Custom Programs/Services (See Procedures: Programs/ Services in GOLD.)

2.1 On the active probation record:

Use the Outcome Code SUSP - Suspended.

Enter the End Date using the date of the order suspending probation.

Deselect the Track Indicator.

Note:

If a new sentence is imposed, the sentence should have been revoked and not suspended. If a new sentence was imposed, see

Probation Revoked

Probation Revoked

1. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD.)

1.1 Use the docket code OPRRV - Order to Revoke Probation, to indicate the order revoking probation.

1.2 Enter into docket text any relevant details regarding the order revoking probation entered.

2. CZAPROG - Custom Programs/Services (See Procedures: Programs/Service in GOLD.)

2.1 On the active probation record:

Use the Outcome Code REV - Revoked.

Enter the End Date using the date of the order revoking probation.

Deselect the Track Indicator.

3. CMADISP – Charge Disposition & Sentencing (See Procedures: Disposing Chares in GOLD.)

3.1 When a new sentence is imposed:

Click on the sentence tab.

Enter the new sentence imposed.

Use the new Signed and Start Dates for the new sentence imposed.

Note:

not

remove the SES indicator from the original sentence.

Probation Ordered Suspended and Now Revoked

Note: There will not be an active probation record at the time the judge orders the revocation. It is important for the information to be accurate on the docket sheet and on Case.net for the defendant, probation & parole and law enforcement agencies.

1. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD.)

1.1 Use the docket code OPRRV - Order to Revoke Probation, to indicate the order revoking probation.

1.2 Enter into docket text any relevant details regarding the order revoking probation entered.

2. CZAPROG - Custom Programs/Services (See Procedures: Programs/Services in GOLD.)

2.1 Enter a new probation record.

Note:

All previous probation entries should have an outcome.

Enter the Start and End Dates using the date of the order revoking probation.

The Assigned Length will reflect the original probation length.

Use the Outcome Code REV - Revoked.

Deselect the Track Indicator.

3. CMADISP - Charge Disposition & Sentencing (See Procedures: Disposing Charges in GOLD.)

3.1 When a new sentence is imposed:

Click on the sentence tab.

Enter the new sentence imposed.

Use the new Signed and Start Dates for the new sentence imposed.

Note:

not

remove the SES indicator from the original sentence.

Probation Continued Without a Previous Suspension or Revocation

Note: The defendant appears in court for a status or violation hearing and the judge continues the probation without suspension or revocation (warning issued).

1. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD.)

1.1 Use the docket code OPRCO - Order Continuing Probation, to indicate continuation of probation without suspension or revocation.

1.2 Enter into docket text any relevant details regarding the order continuing probation entered.

Probation Previously Suspended/Revoked and Now Continued/Reinstated

1. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD.)

1.1 Use one of the following docket codes, as appropriate:

OPRCO - Order Continuing Probation.

OPRRI - Order Reinstating Probation.

1.2 Enter into docket text any relevant details regarding the order continuing or reinstating probation entered.

2. CZAPROG - Custom Programs/Services (See Procedures: Programs/Services in GOLD.)

2.1 Enter a new probation record.

Note:

All previous probation entries should have an outcome.

Enter the Start Date as the original date of probation unless the Judge indicates the date should be different.

Note:

not

use the Outcome Code REIN - Probation Reinstated or change an outcome code in a record previously entered. If an outcome code is entered in error, remove the record containing the incorrect outcome code and re-enter the correct record information.

The Due Date will automatically populate based upon the assigned probation length entered.

Associate the probation record to the appropriate sentence record.

Note:

When associating programs on Custom Programs/Services (CZAPROG), the sentences will not necessarily appear in chronological order when appearing in the Sentence Association window. Select a specific sentence and view the Ordered Date on Custom Programs/Services (CZAPROG) to associate the correct sentence.

Probation Extended

1. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD.)

1.1 Use the docket code OPROB - Probation Ordered.

1.2 Enter into docket text any relevant details regarding the probation extension ordered.

Note: Pursuant to section 559.016, RSMo, the defendant is only allowed one (1) extension of probation.

Probation is Extended after an Order of Revocation/Suspension

Note: The previous probation record should have an Outcome Code of REV - Probation Revoked or SUSP - Suspended entered.

2. CZAPROG - Custom Programs/Services (See Procedures: Programs/Services in GOLD.)

2.1 Enter a new probation record.

2.2 Enter the Ordered date as the date the judge signed the order.

2.3 Enter the Start date using the start date of the original probation order.

2.4 The Due Date will be the Start Date plus the probation length entered specified by the judge.

2.5 Associate the probation record to the appropriate sentence record.

Note:

Probation was Extended and the Previous Probation was never Ordered Revoked or Suspended

Note: The previous probation record should have an Outcome Code of EXT - Extended entered.

2. CZAPROG - Custom Programs/Services (See Procedures: Programs/Services in GOLD.)

2.1 Enter a new probation record.

2.2 Enter the Ordered date as the date the judge signed the order.

2.3 Enter the Start date using the start date of the original probation order.

2.4 The Due date will be the Start date plus the probation length entered specified by the judge.

2.5 Associate the probation record to the appropriate sentence record.

Note: When associating programs on Custom Programs/Services (CZAPROG), the sentences will not necessarily appear in chronological order when appearing in the Sentence Association window. Select a specific sentence and view the Ordered Date on Custom Programs/Services (CZAPROG) to associate the correct sentence.

Probation Discharged/Early Release

1. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD.)

1.1 Use the docket code OPRDS - Probation Discharged, to indicate the order discharging probation.

1.2 Enter into docket text any relevant details regarding the order discharging probation entered.

2. CZAPROG - Custom Programs/Services (See Procedures: Programs/Services in GOLD.)

2.1 On the active probation record:

Use the Outcome Code SUC - Successfully Completed or EARL - Early Release, as appropriate.

Enter the End Date using the date of the order discharging probation.

Deselect the Track Indicator.

3. OSCA Reports (See Report Topics: OSCA Reports: Procedures General: Procedures: Generating an OSCA Report: Case Daily Reports: Notice of Entry in GOLD.)

Generate the Notice of Entry.

Select the File Copy option to print a paper copy for the case file.

4. Prepare and provide the notice of probation discharge/early release to any interested party as directed by the judge.

5. If the original sentence was an SIS and the defendant is released early:

5.1

CDADOCT - Custom Docket Association Entry

(

See Docketing Procedures in GOLD.)

Use the docket code FSISC-SIS Probation Successfully Completed, to indicate the early release of probation, this will automatically raise the case security level to a 3.

Enter into docket text any relevant details.

Automatic Completion of Probation (SIS) Process

1. JIS runs a daily process that completes probation on criminal cases that have a sentence of SIS and where the probation Due Date is prior to the current date. Additional conditions that must also be met are listed below.

If the following conditions exist:

There is one charge on the case and the most current sentence record is SIS,

OR, all of the charges on the case have an SIS.

Charge(s) associated to probation have a due date prior to the current date.

The probation record is the most current active record attached to the SIS (not suspended, revoked or ended).

The case has no future outstanding scheduled events.

The case has no outstanding service documents, for example, summons or warrants.

The process automatically:

Enters an End Date on the

Programs/Services (CZAPROG)

form, the

Services/Sanctions

Tab.

Enters the Outcome code SUC - Successful on

CZAPROG

, the

Services/Sanctions

Tab.

Deselects the Tracking indicator on

CZAPROG

, the

Services/Sanctions

Tab.

Makes the docket entry FSISC - SIS Probation Successfully Completed on the

Docket Association Entry (CDADOCT)

form.

Raises the security level from a 1 to a 3 on the

Case Information Update (CDACASU)

form, when the probation Due Date is in the past.

The process will NOT:

Close the SIS records if they are not in compliance with statutes.

Run on the cases that have a Shock program that is outstanding when SIS is complete.

JIS Reports

OSCA Reports
Facility Report
Probation Discharge

Report.Net (Cognos)
SIS Cases Closed by Script

Forms
CR 60 - Community Service Agreement
CR 105 - Order to Install Ignition Interlock Device
CR 250 - Order of Supervised Probation
MU 40 - Notice of Probation Revocation Hearing
MU 50 - Order on Probation Revocation Hearing
MU 70 - Probation Order and Certificate