Missouri § 217.362 - Program for offenders with substance abuse addiction — eligibility, disposition, placement — completion, effect.

§ 217.362. Program for offenders with substance abuse addiction — eligibility, disposition, placement — completion, effect.

1.  The department of corrections shall design and implement an intensive long-term program for the treatment of chronic nonviolent offenders with serious substance abuse addictions who have not pled guilty to or been convicted of a dangerous felony as defined in section 556.061.

2.  Prior to sentencing, any judge considering an offender for this program shall notify the department.  The potential candidate for the program shall be screened by the department to determine eligibility.  The department shall, by regulation, establish eligibility criteria and inform the court of such criteria.  The department shall notify the court as to the offender's eligibility and the availability of space in the program.  Notwithstanding any other provision of law to the contrary, except as provided for in section 558.019, if an offender is eligible and there is adequate space, the court may sentence a person to the program which shall consist of institutional drug or alcohol treatment for a period of at least twelve and no more than twenty-four months, as well as a term of incarceration.  The department shall determine the nature, intensity, duration, and completion criteria of the education, treatment, and aftercare portions of any program services provided.  Execution of the offender's term of incarceration shall be suspended pending completion of said program.  Allocation of space in the program may be distributed by the department in proportion to drug arrest patterns in the state.  If the court is advised that an offender is not eligible or that there is no space available, the court shall consider other authorized dispositions.

3.  Upon successful completion of the program, the division of probation and parole shall advise the sentencing court of an offender's probationary release date thirty days prior to release.  If the court determines that probation is not appropriate the court may order the execution of the offender's sentence.

4.  If it is determined by the department that the offender has not successfully completed the program, or that the offender is not cooperatively participating in the program, the offender shall be removed from the program and the court shall be advised.  Failure of an offender to complete the program shall cause the offender to serve the sentence prescribed by the court and void the right to be considered for probation on this sentence.

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(L. 1994 S.B. 763, A.L. 1998 H.B. 1147, et al., A.L. 2003 S.B. 5, A.L. 2021 S.B. 26 merged with S.B. 53 & 60, A.L. 2026 S.B. 888, A.L. 2026 H.B. 2637 & 3155)

Effective 1-01-28, see § 1.901

Revisor’s note: This section was amended by both S.B. 888 and H.B. 2637 & 3155, 2026. H.B. 2637 & 3155 repealed the version amended by S.B. 888 effective 8-28-26 and amended this section effective 1-01-28.

Severability clause, see § 1.1005

---- end of effective  01 Jan 2028 ----

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