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Missouri DOC - What You Need to Know Information relating to the Missouri Department of Corrections. Q&A for those new to the system should be posted here.

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  #1  
Old 01-03-2008, 03:29 PM
BoChicken BoChicken is offline
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Default Difference in Shock time and Shock treatment in Missouri?

Hi all,
I was wondering if anyone knows if there is any difference between SHOCK and the SHOCK treatment program? Can a person sentence to SHOCK stay in GP for their 120 days and then get paroled, or do they have to participate in the treatment program?

The reason I ask is my SO was moved to GP earlier this week b/c her bed in the treatment program was pulled (or not available), and I'm concerned that she will not meet the requirements of her 559.115 sentence. While she will spend 120 days in, prior to the judicial review, since she will not be in the treatment program it is not clear if she will be eligible for release. According to the text of the statute (below), it appears this depends upon the sentencing judge's discression.

Any help is, as always, greatly appreciated.
--Bo

Here is the exact text of 559.115.3, for reference:
The court may recommend placement of an offender in a department of corrections one hundred twenty-day program. Upon the recommendation of the court, the department of corrections shall determine the offender's eligibility for the program, the nature, intensity, and duration of any offender's participation in a program and the availability of space for an offender in any program. When the court recommends and receives placement of an offender in a department of corrections one hundred twenty-day program, the offender shall be released on probation if the department of corrections determines that the offender has successfully completed the program except as follows. Upon successful completion of a treatment program, the board of probation and parole shall advise the sentencing court of an offender's probationary release date thirty days prior to release. The court shall release the offender unless such release constitutes an abuse of discretion. If the court determined that there is an abuse of discretion, the court may order the execution of the offender's sentence only after conducting a hearing on the matter within ninety to one hundred twenty days of the offender's sentence. If the court does not respond when an offender successfully completes the program, the offender shall be released on probation. Upon successful completion of a shock incarceration program, the board of probation and parole shall advise the sentencing court of an offender's probationary release date thirty days prior to release. The court shall follow the recommendation of the department unless the court determines that probation is not appropriate. If the court determines that probation is not appropriate, the court may order the execution of the offender's sentence only after conducting a hearing on the matter within ninety to one hundred twenty days of the offender's sentence. If the department determines that an offender is not successful in a program, then after one hundred days of incarceration the circuit court shall receive from the department of corrections a report on the offender's participation in the program and department recommendations for terms and conditions of an offender's probation. The court shall then release the offender on probation or order the offender to remain in the department to serve the sentence imposed.
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  #2  
Old 01-03-2008, 05:12 PM
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Shock is just that, shock time. They are given a sentence in the prison to "shock" the criminal behavior out of them. The shock treatment is for just that, treatment for drugs/alcohol. I don't know that it is called shock treatment though, but just treatment?

I think that if the circumstances are beyond her control as to receiving the treatment, that will not be held against her. They are way over capacity in the women's prisons right now and that is really to be expected. Have her ask her caseworker or IPO about it to be sure.
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Old 01-03-2008, 05:27 PM
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there is 120 day shock, 120 day treatment, 180 day treatment, 12 month treatment and then gp. even though a judge may recommend treatment, it is the doc who ultimately has control over that. as long as she stays out of trouble and has no write ups, they will probably recommend release after her 120 because of the over crowding. nothing is certain with the doc. As boss lady says..... expect the worse but......!
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Old 01-04-2008, 04:10 AM
BoChicken BoChicken is offline
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Thanks nurse and christy! After I read the statute in detail about 3 more times I realized that DOC makes 2 decisions: if she gets into treatment and what her recommendation is at the end of 120. The judge is required to follow the recommendation except under arguably ill-defined conditions.

She got one write up accidentally (steep learning curve there), but otherwise, she's keeping her head down, writing me, getting a job, and reading. And, she's trying to get into programs (AA, etc.), but in GP apparently those programs don't exist, or are not easy to get into (?).

Anyway, I appreciate your comments. After calming her down, she said she'd talk to the caseworker and the IPO on monday.

--Bo
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Old 01-24-2008, 02:11 PM
jonmur60 jonmur60 is offline
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The Judge has control over an inmate incarcerated for shock treatment. These individuals can be placed in GP or be put in a treatment program it all depends on what the Judge ordered.
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Old 01-24-2008, 05:34 PM
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i am not certain that is correct. the judge can order it but doc may decide to send to treatment or not.
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Old 01-25-2008, 05:54 PM
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Quote:
Originally Posted by nursecrachit
i am not certain that is correct. the judge can order it but doc may decide to send to treatment or not.
I believe Jonmur's correct on this, from what I've been able to gather. The judge can request treatment, however, DOC gets the final say as to whether someone is put in treatment or GP, depending upon space, and also if the person "tests out" of treatment. The caseworker/parole officer makes a recommendation at day 80 or 90 to the judge, who either agrees with the rec. or disagrees.
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Old 01-25-2008, 09:47 PM
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thats what i was saying... the judge can request it but doc decides... maybe i am confused but i thought that was what i said.
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Old 01-25-2008, 10:41 PM
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Bo...Hubby is in on 120 shock with the judge's request for treatment. Well his paperwork got "lost" (gotta love DOC) and he was held at Fulton for much longer than he should have been. His PO said that she would make sure that there was a note in his paperwork as to why he wasnt in treatent. That way the judge will be able to know that he wasnt in treatment b/c it was a DOC decision (mistake??) and out of Hubby's hands. You might want to tell your SO to make sure she has her PO/caseworker make a note in her file that they didnt have any beds for her and that is why she was not in treatment.
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Old 01-26-2008, 04:56 PM
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Quote:
Originally Posted by sarah_beth
Bo...Hubby is in on 120 shock with the judge's request for treatment. Well his paperwork got "lost" (gotta love DOC) and he was held at Fulton for much longer than he should have been. His PO said that she would make sure that there was a note in his paperwork as to why he wasnt in treatent. That way the judge will be able to know that he wasnt in treatment b/c it was a DOC decision (mistake??) and out of Hubby's hands. You might want to tell your SO to make sure she has her PO/caseworker make a note in her file that they didnt have any beds for her and that is why she was not in treatment.
haha. talking to a caseworker at WERDCC is nearly impossible! she "tested out" of the program; she had a bed date, and then it was taken. she asked what the deal was and was told that she didn't "need" treatment. the judge, by the way, requested SHOCK, not SHOCK TREATMENT, so that may be playing into the equation as well...

it's the DOC. does anybody really know? (rhetorical question)

--Bo
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Old 01-26-2008, 08:28 PM
Urinmythoughts Urinmythoughts is offline
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This may help some of you in getting your loved one out on time. In my case once bf had meeting with internal prison PO I contacted the prison , not sure who now but I was transferred to the PO in charge of releases/records. She told me she hadnt heard from the judge and give it another week and she will call the judge if nothing. That same day I called and left a friendly voicemail as to who I was calling about on the judges office phone and low and behold the next day he got his release papers. If you have any questions such as home plan, etc. get them asked early if you think they might be holding up your loved ones release.

Kim
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Old 10-23-2008, 11:44 PM
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my fiancee is in greene county right now awaiting to be transfer for a 120 shock, the judge said he had a bed date of nov 22 and that he wouldnt sit in county more than a week, does all this your saying mean that he may be in there far longer than 120 days? I hope not, were expecting our first child.
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Old 10-27-2008, 08:10 PM
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Quote:
Originally Posted by brittholt View Post
my fiancee is in greene county right now awaiting to be transfer for a 120 shock, the judge said he had a bed date of nov 22 and that he wouldnt sit in county more than a week, does all this your saying mean that he may be in there far longer than 120 days? I hope not, were expecting our first child.
It can happen. It depends on so much. The 120 days doesn't start until he is received into the department. His county time won't count towards the 120 day sentence.
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Old 03-09-2013, 06:40 PM
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With shock treatment, the 120 days starts the day they are sentenced. My husband was sentenced to 8 years, but got a 120 ITC shock, which is strictly the treatment program. We thought his 120 did not start until 4 days after his sentencing hearing, but he received a letter from P&P that stated it started immediately. It still doesnt seem like much of a difference since he's still got 3 1/2 months to go. He's in Fulton now and wont be in treatment for another 2 weeks. I am new to this whole "prison wives" thing. I am not sure how to deal!
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