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Can I be released from probation early?

In Missouri, if you are on probation you could be released early depending upon the charge you are currently serving a term of probation for and how well you are doing on your probation.  In 2012, Governor Jay Nixon signed HB 1525 which allows a term of probation to be reduced by thirty (30) days for each month you are compliant with supervision, if you are eligible.

Am I eligible?

You are eligible for the earned compliance credit if:

  • You are not on lifetime supervision;

  • In compliance with the conditions of supervision;

  • Have completed at least two years of supervision;

  • Not ruled ineligible by the sentencing court or Missouri Board of Probation and Parole; and

  • You are currently on probation, parole, or conditional release for Class D or E Felony or any offense listed in Chapters 195 or 579 of the Revised Statutes of Missouri (Drug Offenses).

Offenses that are specifically barred from earning compliance credits include:

  • Stalking, 1st Degree

  • Rape, Second Degree

  • Sexual Assault

  • Sodomy, Second Degree

  • Deviate Sexual Assault

  • Assault, Second Degree (when attempting to cause or knowingly case physical injury to another person by means of a deadly weapon or dangerous instrument)

  • Sexual Misconduct Involving a Child

  • Endangering the Welfare of a Child, First Degree (when the person knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise changed with the care and custody)

  • Incest

  • Invasion of Privacy

  • Abuse of a Child

  • Aggravated Stalking (prior to 1/1/17)

If you are charged with certain offenses, the court can make a finding that you are not entitled to Earned Compliance Credits.  Those offenses include:

  • Involuntary Manslaughter, First Degree

  • Involuntary Manslaughter, Second Degree

  • Assault 2nd Degree (when not otherwise already prohibited)

  • Domestic Assault, Second Degree

  • Assault of a Law Enforcement Officer, Second Degree

  • Statutory Rape, Second Degree

  • Statutory Sodomy, Second Degree

  • Endangering the Welfare of a Child, First Degree (when not otherwise already prohibited)

  • Felony Weapons Offense (Chapter 571 RSMo)

Who can authorize an early discharge and how does it happen?

An early discharge is a final release or discharge from probation, parole, or a conditional release.  Either the sentencing court or the Missouri Board of Probation and Parole can authorize an early discharge from your term of probation or parole based on your Earned Compliance Credits.  Earned Compliance Credits accumulate in the amount of thirty (30) days for each month that you are compliant on your term of probation and are not subject to court approval.  Once you have accumulated enough credits, you could be eligible for early release and should talk to your probation officer.