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Section: 217.0541 Until December 31, 2016--House arrest program, department to establish and regulate--limited release, when--offenders to fund program--arrest warrant may be issued by probation or parole officer, when. RSMO 217.541


Published: 2015

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Missouri Revised Statutes













Chapter 217

Department of Corrections

←217.541

Section 217.541.2

217.542→

August 28, 2015

Until December 31, 2016--House arrest program, department to establish and regulate--limited release, when--offenders to fund program--arrest warrant may be issued by probation or parole officer, when.

217.541. 1. The department shall by rule establish a program of house

arrest. The director or his designee may extend the limits of confinement of

offenders serving sentences for class C or D felonies who have one year or

less remaining prior to release on parole, conditional release, or discharge

to participate in the house arrest program.



2. The offender referred to the house arrest program shall remain in the

custody of the department and shall be subject to rules and regulations of

the department pertaining to offenders of the department until released on

parole or conditional release by the state board of probation and parole.



3. The department shall require the offender to participate in work or

educational or vocational programs and other activities that may be necessary

to the supervision and treatment of the offender.



4. An offender released to house arrest shall be authorized to leave his

place of residence only for the purpose and time necessary to participate in

the program and activities authorized in subsection 3 of this section.



5. The board of probation and parole shall supervise every offender

released to the house arrest program and shall verify compliance with the

requirements of this section and such other rules and regulations that the

department shall promulgate and may do so by remote electronic surveillance.

If any probation/parole officer has probable cause to believe that an

offender under house arrest has violated a condition of the house arrest

agreement, the probation/parole officer may issue a warrant for the arrest of

the offender. The probation/parole officer may effect the arrest or may

deputize any officer with the power of arrest to do so by giving the officer

a copy of the warrant which shall outline the circumstances of the alleged

violation. The warrant delivered with the offender by the arresting officer

to the official in charge of any jail or other detention facility to which

the offender is brought shall be sufficient legal authority for detaining the

offender. An offender arrested under this section shall remain in custody or

incarcerated without consideration of bail. The director or his designee,

upon recommendation of the probation and parole officer, may direct the

return of any offender from house arrest to a correctional facility of the

department for reclassification.



6. Each offender who is released to house arrest shall pay a percentage

of his wages, established by department rules, to a maximum of the per capita

cost of the house arrest program. The money received from the offender shall

be deposited in the inmate fund and shall be expended to support the house

arrest program.



(L. 1987 S.B. 39 § 1, A.L. 1989 H.B. 408, A.L. 1990 H.B. 974)



*This section was amended by S.B. 491, 2014, effective 1-01-17. Due

to the delayed effective date, both versions of this section are

printed here.







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