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Clerk Handbooks
Municipal Clerk Manual – Courts without 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 Without JIS
Chapter Three - Citation Case Processing Procedures


3. 2 – Probation Summary

References
Statutes: 302.345, 302.440, 302.441, 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: February 1992
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.

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, 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 one month 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:

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

1. Prepare the probation agreement/order for the defendant’s signature upon conclusion of the hearing at which probation was granted. An Order of Probation, Order of Supervised Probation and Community Service Agreement forms follow this section. An entry should be made on the backer sheet documenting the order for probation and indicating all documents completed. A copy of each document should be placed in the court file.

2. 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. An entry should be made on the backer sheet documenting the order and completion of the form. A copy of each document should be placed in the court file. Order to Install Ignition Interlock Device follows this section.

3. Give the defendant a copy of the probation agreement/order and/or order to install ignition interlock

4. Forward any probation reports received to the judge
5. 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.

6. Make appropriate docket entries on the backer sheet documenting the hearing scheduled and mailing of notification to the defendant and the appropriate officials and the results of the probation hearing 7. 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.

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

9. Upon termination of probation, file the case in alphabetical order by defendant’s last name by year of disposition in accordance with retention schedule outlined in COR 8.
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