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Old 03-13-2016, 02:15 PM
mandirin mandirin is offline
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Question Question on probation revocation and 120 treatment

My husband violated his probation and the the judge revoked his probation. He told him he would do a 120 treatment and go out on 5 years probation (parole? judge actually said probation) again but on the Missouri case net website it says:

Defendant Sentenced:
5 YEARS DOC UNDER 559.115 I.T.C. AUTHORIZE ADDITIONAL OFFICER - Yes; DELIVER CERTIF COPY OF JUDMT - Yes; 24.035/29.15 INEFFECT COUNSEL - No; ALLOCUTION - Yes; INST TRMT PROG 559.115 - Yes


Which states he has the treatment program but 5 years DOC as well? I'm confused? His probation officer recommended they do the treatment and the judge agreed. Does it mean he has to pass his treatment or he gets 5 years? Like I said in court it was said a 120 shock treatment and then he could be released supervised again. I don't know if that's what the authorize additional officer means maybe? I'm not sure who to call and ask.

Sorry! Lots of talking but I've never dealt with prison before just jail and the sentencing has always been very clear before.
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Old 03-13-2016, 02:29 PM
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I've found the following Statute that covers the program:

Missouri Revised Statutes

Chapter 559
Probation


Upon the recommendation or order of the court, the department of corrections shall assess each offender to determine the appropriate one hundred twenty-day program in which to place the offender, which may include placement in the shock incarceration program or institutional treatment 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 program under this subsection, 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 from the date the offender was delivered to the department of corrections. If the department determines the offender has not successfully completed a one hundred twenty-day program under this subsection, the offender shall be removed from the program and the court shall be advised of the removal. The department shall report on the offender's participation in the program and may provide recommendations for terms and conditions of an offender's probation. The court shall then have the power to grant probation or order the execution of the offender's sentence.

http://www.moga.mo.gov/mostatutes/st...900001151.html

Hope this helps answer your questions
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Old 03-13-2016, 02:35 PM
mandirin mandirin is offline
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Thank you!

I wasn't even sure what to google to find the answer. I feel a little better now I wasn't sure for a moment if maybe it didn't matter and he really was going to be gone the entire 5 years no matter if he completed the program successfully or not!
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