The circuit court may place a defendant on probation and require his or her participation in a program established pursuant to section 217.777 if, having regard to the nature and circumstances of the offense and to the history and character of the defendant, the court is of the opinion that:

(1) Traditional institutional confinement of the defendant is not necessary for the protection of the public, given adequate supervision; and

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Missouri Laws 559.120

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(2) The defendant is in need of guidance, training, or other assistance, which, in his or her case, can be effectively administered through participation in a community-based treatment program.

­­

­

If the court holds such opinions and further finds that the defendant is the primary caregiver of one or more dependent children, the court shall consider requiring the defendant to participate in a community-based treatment program.