Probation Rules in Missouri
Probation in Missouri lasts up to 5 years for felonies and 2 years for misdemeanors. There are two main types: SIS (no conviction on your record if completed) and SES (conviction remains on record). You must report to your probation officer, pass drug tests, maintain employment, and pay all fines. Early termination is available after at least half the term or 2 years, and earned compliance credits can reduce your term by 30 days for each compliant month.
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Overview
Missouri uses an indeterminate sentencing system where probation terms are set by the court with broad judicial discretion. The state offers two distinct probation dispositions: Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES), each with different implications for your criminal record. Probation is supervised by the Missouri Department of Corrections, Division of Probation and Parole, or monitored by the court for less serious offenses. Missouri's earned compliance credit system (HB 1525, 2012) allows eligible probationers to reduce their supervision term by 30 days for each compliant month. SB 26 (2021) strengthened early termination provisions.
Quick Answer
Probation in Missouri lasts up to 5 years for felonies and 2 years for misdemeanors. There are two main types: SIS (no conviction on your record if completed) and SES (conviction remains on record). You must report to your probation officer, pass drug tests, maintain employment, and pay all fines. Early termination is available after at least half the term or 2 years, and earned compliance credits can reduce your term by 30 days for each compliant month.
Probation Types
| Type | Description | Max Length |
|---|---|---|
| Suspended Imposition of Sentence (SIS) | The court accepts your guilty plea or finding of guilt but does not impose a sentence. Instead, you are placed on probation for a fixed period. If you successfully complete all conditions, no conviction appears on your record. However, if you violate SIS probation, you are subject to the full range of punishment for the original offense. SIS is considered one of the best outcomes in Missouri criminal cases because of its impact on your record. | 5 years (felony); 2 years (misdemeanor) |
| Suspended Execution of Sentence (SES) | The court finds you guilty and imposes a sentence of incarceration, but then suspends the execution of that sentence and places you on probation. A conviction will appear on your record regardless of successful completion. If you violate SES probation, the court can send you to jail or prison only for the length of the preset sentence. | 5 years (felony); 2 years (misdemeanor) |
| Supervised Probation | Administered by the Missouri Department of Corrections, Division of Probation and Parole. You are assigned a probation officer for regular in-person meetings, drug testing, and compliance monitoring. This is the standard level of supervision for felony offenses and more serious misdemeanors. | 5 years (felony); 2 years (misdemeanor) |
| Court-Monitored (Bench) Probation | A less restrictive form of probation typically reserved for first-time misdemeanor offenders. Instead of reporting to a probation officer, you check in with the court's probation clerk at regular intervals. Conditions are generally lighter but still enforceable, and violations can result in the same consequences as supervised probation. | 2 years (misdemeanor); occasionally used for minor felonies |
Probation Conditions
- ✓Regular Reporting
Report to your probation officer or the court probation clerk as directed. Frequency depends on your supervision level and may range from weekly to monthly for supervised probation.
- ✓Obey All Laws
Obey all federal, state, and local laws. Any arrest must be reported to your probation officer within 48 hours.
- ✓Drug and Alcohol Testing
Submit to random or scheduled drug and alcohol testing. You may not use or possess controlled substances except those specifically prescribed by a licensed physician.
- ✓Maintain Employment
Obtain and maintain approved employment or enroll in an approved education program. You must get permission before quitting a job and notify your probation officer within 48 hours of any termination.
- ✓Pay Fines, Costs, and Restitution
Pay all court-ordered fines, court costs, supervision fees, and restitution to victims on the schedule set by the court.
- ✓No Firearms or Weapons
Do not possess, own, or have access to any firearms, ammunition, or dangerous weapons during the probation period.
- ✓No Association with Convicted Persons
Do not associate with anyone convicted of a felony or misdemeanor without advance approval from your probation officer.
- ✓Treatment as Ordered
Participate in and complete any court-ordered substance abuse treatment, mental health counseling, domestic violence intervention, anger management, or other rehabilitative programs.
- ✓Community Service
Complete a specified number of community service hours at an approved location as ordered by the court.
- ✓Travel Restrictions
Remain within the judicial circuit unless given permission to travel. Out-of-state travel requires advance approval from your probation officer, typically with at least 15 days notice.
- ○Curfew
Abide by any court-imposed curfew requiring you to be at your approved residence during specified hours.
✓ = typical condition ○ = case-specific
Violations
| Type | Examples | Consequences |
|---|---|---|
| Technical Violations | Missing appointments with probation officer, failing a drug test, not completing community service, failing to pay fees on schedule, changing address or employment without notification, missing curfew | Graduated sanctions including verbal warning, increased reporting, modified conditions, community service, brief jail confinement, or intensive supervision. The court may also extend probation by up to one year. |
| Substantive Violations (New Offense) | Being arrested for or charged with a new felony or misdemeanor, including DUI, drug possession, assault, theft, or domestic violence | For SIS probation: the court may impose the full range of punishment for the original offense. For SES probation: the court may revoke probation and execute the preset sentence of incarceration. Additionally, the new offense will be prosecuted separately. |
| 120-Day Shock Incarceration | Repeated or serious violations where the court determines a short period of incarceration may be beneficial before returning the offender to probation | The court may order a 120-day incarceration program (shock incarceration) through the Department of Corrections. After completing the program, the offender returns to supervised probation with potentially modified conditions. |
| Absconding | Failing to report to probation officer, fleeing the jurisdiction, becoming unreachable with whereabouts unknown | Warrant issued for arrest, probation revocation proceedings, potential execution of full sentence. For SIS, this means the full range of punishment; for SES, execution of the preset sentence. |
Early Termination of Probation
Available.
Travel Rules
Probation vs Parole
In Missouri, probation is imposed by the sentencing judge as an alternative to incarceration, while parole is granted by the Missouri Parole Board after an offender has served a portion of their prison sentence. Both are supervised by the Missouri Department of Corrections, Division of Probation and Parole. Probation conditions are set by the court, while parole conditions are set by the Parole Board. An important distinction is Missouri's SIS/SES system: SIS probation can result in no conviction on your record, which is not an option with parole. Violating probation returns your case to the sentencing court, while parole violations are handled by the Parole Board.
Frequently Asked Questions
- What is the difference between SIS and SES probation in Missouri?
- SIS (Suspended Imposition of Sentence) means no sentence is imposed and no conviction appears on your record if you complete probation successfully. SES (Suspended Execution of Sentence) means a sentence is imposed but suspended; a conviction will appear on your record regardless of successful completion. If you violate SIS, you face the full range of punishment; if you violate SES, you face only the preset sentence.
- How do earned compliance credits work in Missouri?
- Under HB 1525 (2012), eligible probationers earn 30 days of credit for each month they are compliant with their supervision conditions. These credits accumulate automatically and reduce your probation term without requiring court approval. Not all offenders are eligible; your probation officer can confirm whether you qualify.
- Can I get off probation early in Missouri?
- Yes, through two mechanisms: (1) earned compliance credits that automatically reduce your term by 30 days for each compliant month, and (2) discretionary early discharge where your attorney petitions the court or the Division of Probation and Parole recommends early termination after you've completed at least half the term or 2 years of supervision.
- What happens if I violate probation in Missouri?
- Consequences depend on the type of violation and whether you are on SIS or SES. For technical violations, the court typically uses graduated sanctions. For SIS violations, you face the full range of punishment. For SES violations, the court can execute the preset incarceration sentence. The court may also order 120-day shock incarceration for serious violations.
- Can I travel out of state while on probation in Missouri?
- Only with advance approval from your probation officer, requested at least 15 days before departure. You must provide details about your destination, purpose, dates, and accommodations. Emergency travel may be approved immediately. Unauthorized travel is a violation.
- How long does probation last in Missouri?
- The maximum probation term is 5 years for felonies and 2 years for misdemeanors. The court may extend probation by one year if you violate conditions. Earned compliance credits can significantly reduce your actual time under supervision.
- What is court-monitored probation in Missouri?
- Court-monitored (or bench) probation is a less strict form of probation typically reserved for first-time misdemeanor offenders. Instead of reporting to a probation officer, you check in with the court's probation clerk at regular intervals. Conditions are lighter but still enforceable.
- Can I own a firearm on probation in Missouri?
- No. Felony probationers are prohibited from possessing firearms under both Missouri and federal law. Even misdemeanor probationers may have firearm restrictions if specifically ordered by the court. Possession of a firearm while on probation is a serious violation that can result in revocation and additional charges.
- Will my SIS probation show up on a background check?
- While on SIS probation, the charge may appear on court records. However, if you successfully complete SIS probation, no conviction is entered, so it should not appear as a conviction on standard background checks. It may still appear in some court record searches. Consult an attorney for guidance on your specific situation.
- What is the 120-day shock incarceration program in Missouri?
- The court may order a 120-day incarceration program through the Department of Corrections as a sanction for probation violations. After completing the program, you return to supervised probation with potentially modified conditions. This is used as an intermediate sanction between continued probation and full revocation.
Take Action — Direct Links
- Missouri Department of Corrections - Probation and Parole
Official state resource for information on probation supervision, earned compliance credits, early discharge procedures, and understanding your rights and responsibilities while on probation.
- Missouri Revised Statutes 559.036 - Duration of Probation
Full text of Missouri's statute governing the duration, extension, and revocation of probation terms.
- Missouri DOC - Early Discharge / Earned Compliance Credit
Detailed information about Missouri's earned compliance credit program and the early discharge process.
- Missouri DOC - Rules and Conditions of Probation (White Book)
The official rules and regulations governing the conditions of probation and parole supervision in Missouri.
- Probation Information Network - Missouri
Plain-language resource with information about Missouri probation restrictions, travel rules, and common conditions.
- Missouri Legal Aid
Free legal assistance for low-income Missourians who need help understanding probation conditions, filing for early termination, or addressing violations.