120 shock treatment in Missouri early release?

[Katella]

Missouri

I have a brother at Fulton Corrections, and is serving a 120 shock treatment. He was asked to fast on Sunday to get blood draw the following Morning, and was told they usually do this just prior to your release. He is at day 80 now. He was also saying a lot of the people that are doing well are getting an "83 and out". Has anyone heard of this? He has not been in any trouble since he has been there. And also, casenet has changed the classification part to :Report Ordered. I am hoping that means it's getting close. Any help is much appreciated. Thanks

 

[quincy]

An early release is possible. You will have to wait and see what happens.

Typically those on 120-day shock will be evaluated at around day 90 and a report sent to the judge, who then will advise on probation.

 

[TigerD]

Huh?
I have not seen an early release from for a 120 ordered under RSMo 559.115. DOC is not permitted to undertake such a a release. The sentencing court can reduce the 120, but I've not seen that happen. EXCEPT in the case of a paperwork issue.

TD

 

[quincy]

Huh?
I have not seen an early release from for a 120 ordered under RSMo 559.115. DOC is not permitted to undertake such a a release. The sentencing court can reduce the 120, but I've not seen that happen. EXCEPT in the case of a paperwork issue.

TD

What do you mean by "a paperwork issue?"

What I understand of the 120-shock is that a prisoner's conduct will be assessed before the 120 days are up and then the judge will determine if the prisoner will be released on probation.

Are you saying that a release on probation earlier than 120 days is not possible?

 

[TigerD]

What do you mean by "a paperwork issue?"

What I understand of the 120-shock is that a prisoner's conduct will be assessed before the 120 days are up and then the judge will determine if the prisoner will be released on probation.

Are you saying that a release on probation earlier than 120 days is not possible?

Paperwork issue:
We had a defendant that was ordered to a 120 on an SIS. There was a problem with the paperwork that the court clerks had to do and he was still in county after 45 days. The Judge modified the order to 120 days shock in county.

RSMo 559.115 does not allow for early released by DOC.
"Unless otherwise prohibited by subsection 8 of this section, a circuit court only upon its own motion and not that of the state or the offender shall have the power to grant probation to an offender anytime up to one hundred twenty days after such offender has been delivered to the department of corrections but not thereafter. " RSMo. § 559.115.2

There is no mechanism for early release from a 120 except by order of the sentencing court.

What is a 120 under Missouri Law:
A 120 is a prison sentence where the judge retains jurisdiction to grant probation IF the offender successfully completes the assigned program. If the offender does not successfully complete the assigned program he will be removed from the program and the circuit court will not order the release of the offender on probation.

Even if the offender successfully completes the program, the court may still choose to not release him. In this case the Court must hold a hearing between 90 to 120 days from the date the offender was deliver to DOC. (I have never seen this happen either).


TD.

 

[quincy]

Paperwork issue:
We had a defendant that was ordered to a 120 on an SIS. There was a problem with the paperwork that the court clerks had to do and he was still in county after 45 days. The Judge modified the order to 120 days shock in county.

RSMo 559.115 does not allow for early released by DOC.
"Unless otherwise prohibited by subsection 8 of this section, a circuit court only upon its own motion and not that of the state or the offender shall have the power to grant probation to an offender anytime up to one hundred twenty days after such offender has been delivered to the department of corrections but not thereafter. " RSMo. § 559.115.2

There is no mechanism for early release from a 120 except by order of the sentencing court.

What is a 120 under Missouri Law:
A 120 is a prison sentence where the judge retains jurisdiction to grant probation IF the offender successfully completes the assigned program. If the offender does not successfully complete the assigned program he will be removed from the program and the circuit court will not order the release of the offender on probation.

Even if the offender successfully completes the program, the court may still choose to not release him. In this case the Court must hold a hearing between 90 to 120 days from the date the offender was deliver to DOC. (I have never seen this happen either).


TD.

Thanks, TigerD.

Like Katella, I have heard of "83 and out," where the sentencing judge cuts short the 120 after the evaluator's report. But I could not find anything that really supported that in the law.