Improve your understanding of Missouri’s criminal justice system by examining supervised probation vs. court-monitored probation. In Missouri, a judge may sentence defendants to two different types of probation: suspended imposition of sentence (SIS) or suspended execution of sentence (SES). Probation then splits further into supervised probation and court-monitored probation.
What Is Supervised Probation?
Supervised probation is a more strict form of punishment that the Missouri Department of Corrections, Division of Probation and Parole usually handles. Discover what supervised probation means and who supervises
What Does Supervised Probation Mean in Missouri?
Supervised probation in Missouri can mean several different things depending on the nature of the offense and the defendant’s criminal history. In general, probationers must abide by the specific terms of their probation, including monthly visits to the local probation office or private probation agency.
Other common probation terms include drug testing and installing of ignition interlock devices on vehicles. The court transcriptionist will create a record for probationers to refer to regarding their conditions of probation.
Who Else Supervises Probation in Missouri?
In Missouri, private entities can supervise probation for A, B, C, and D misdemeanor convictions. Otherwise, the Division of Probation and Parole handles supervised probation for felonies and misdemeanors.
Supervised Probation Rules
Supervised probation imposes several standard rules and conditions on probationers. To avoid violating probation and risking jail time, probationers must:
- Obey all laws
- Hold a job
- Abstain from drug use
- Obtain permission for travel
- Avoid other convicts and probationers
- Dispose of all weapons
Aside from the standard conditions of probation, some of the most common special conditions include:
- Ankle monitor with curfew
- Court-ordered home monitoring
- Stand-alone monitoring
- House arrest
What Is Court-Monitored Probation?
Court-monitored probation is a less strict punishment usually reserved for first-time misdemeanor offenders. Often called court-supervised probation or bench probation, this form of probation requires the probationer to visit the court at regular intervals instead of a probation officer.
What Does Court-Monitored Probation Mean in Missouri?
Court-monitored probation means probationers do not meet with a probation officer. Instead, they check in with the court’s probation clerk. They must also pay their probation fees at the court.
Court-Monitored Probation Rules
The rules for court-monitored probation remain almost identical to supervised probation. Probationers must meet all of the same basic conditions plus any specified conditions laid out by the judge. Some of the most common court-supervised release conditions include the completion of:
- Substance Abuse Traffic Offenders Program (SATOP)
- Victim Impact Panel (VIP)
- Adolescent Dependency Education Program (ADEP)
- Missouri Sex Offender Program (MOSOP)
- Anger management classes
- Psychological evaluation
- Community service
- Driving school
What Are the Differences Between Supervised Probation and Court-Monitored Probation?
When contrasting supervised probation vs. court-monitored probation, the distinctions become readily apparent. These differences between supervised probation and court-monitored probation can significantly impact a defendant’s life.
Court-monitored probation is preferred because it usually does not count as a conviction if all conditions are met. It’s also easier to expunge court-monitored probation because no sentence has been imposed. This benefit offers defendant’s a clean slate for first offenses. Also, court-monitored probation rarely involves home visits.
What Are the Similarities Between Supervised Probation and Court-Monitored Probation?
Supervised probation and court-monitored probation have many similarities. They are both punishments that courts issue instead of jail time and share many of the same rules. Both punishments require probationers to check in periodically and pay fees. Supervised probation and court-monitored probation may share some of the same conditions, like a court-ordered GPS monitor.
The Future of Probation: Smartphone Probation Monitoring
Several jurisdictions around the country have introduced smartphone probation monitoring in addition to other forms of probation. As this trend continues to grow, we can expect the practice to become commonplace by the end of the decade. Some of the things courts, probation officers, and private probation entities monitor on probationers’ phones include:
- App use
- Phone calls
- Texts and messages
- GPS location
- Browser history
Is probation a conviction?
Probation is not a conviction. Probation serves as a lenient form of punishment that follows a conviction. Violation of probation terms can lead to the imposition or execution of a sentence.
What is misdemeanant probation?
Misdemeanant probation is a punishment given for a misdemeanor conviction. Also called misdemeanor probation, this form of punishment can take the form of supervised or court-monitored probation.
Can you be around alcohol on probation?
You can be around alcohol on probation unless your conviction was alcohol-related. In fact, you can drink alcohol while on probation barring any specific conditions laid down by the judge to prohibit alcohol consumption. The person who provides court transcription services will create a record for probationers to refer to if they remain unsure about prohibitions regarding alcohol.
Can you violate probation and not go to jail?
You can violate probation and not go to jail. The judge will decide whether to modify your probation with stricter conditions or revoke your probation and impose or execute a sentence, which could include jail time.
How do I get court-monitored probation instead of supervised probation?
You can get court-monitored probation instead of supervised probation by securing adequate representation to avoid conviction on the most serious charges against you. Hiring an attorney with extensive criminal court experience, supportive staff, and an accurate courtroom transcriptionist can mean the difference between supervised probation vs. court-monitored probation.