Conditions of Probation and Parole

PURPOSE: There must be certain conditions to be followed by those placed on parole by the Board of Probation and Parole or those placed on probation by a criminal court of the state. The conditions are set out with an explanation of exactly what each condition means. PUBLISHER’S NOTE: The division has determined that the publication of the entire text of material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) The first condition reads, “LAWS: I will obey all the federal and state laws, municipal and county ordinances. I will report all arrests to my probation and parole officer within forty-eight (48) hours.” (2) The second condition reads, “TRAVEL: I will obtain advance permission from my probation and parole officer before leaving the state or the area in which I am living.” (3) The third condition reads, “RESIDENCY: I will obtain advance permission from my probation and parole officer before making any change in residency.” (4) The fourth condition reads, “EMPLOYMENT: I will maintain employment unless engaged in a specific program approved by my probation and parole officer. I will obtain advance permission from my probation and parole officer before quitting my job or program. In the event I lose my job or am terminated from a program, I will notify my probation and parole officer within fortyeight (48) hours.” (5) The fifth condition reads, “ASSOCIATION: I will obtain advance permission from my probation and parole officer before I associate with any person convicted of a felony or misdemeanor, or with anyone currently under the supervision of the Board of Probation and Parole. It is my responsibility to know with whom I am associating.” (6) The sixth condition reads, “DRUGS: I will not have in my possession or use any controlled substance except as prescribed for me by a licensed medical practitioner.” (7) The seventh condition reads, “WEAPONS: I will not own, possess, purchase, receive, sell, or transport any firearms, ammunition, or explosive device, or any dangerous weapon if I am on probation or parole for a felony charge or a misdemeanor involving firearms or explosives, or if it is in violation or federal, state, or municipal laws or ordinances.” (8) The eighth condition reads, “REPORTING/DIRECTIVES: I will report as directed to my probation and parole officer. I will abide by any directives given me by my probation and parole officer.” (9) The ninth condition reads, “SUPERVISION STRATEGY: I will enter and successfully complete any supervision strategy and abide by all rules and program requirements, as directed by the court, board, or my supervising probation and parole officer.” (10) The tenth condition reads, “INTERVENTION FEE: I shall pay a monthly intervention fee in an amount set by Missouri Department of Corrections pursuant to section 217.690, RSMo. This payment shall be due and payable on the first day of the first month following placement on probation, or acceptance of an interstate case in the state of Missouri or on the first day of the fourth month following parole or conditional release.” (11) The eleventh condition reads, “SPECIAL CONDITIONS: Both the Board of Probation and Parole and the court that has placed you on probation, parole, or conditional release have the authority to determine special conditions of your supervision period.” (12) The central office of the Missouri Board of Probation and Parole (where the board members can be found) is located at 3400 Knipp Drive, Jefferson City, Missouri, 65109. (13) The Rules and Regulations Governing the Conditions of Probation, Parole, and Conditional Release, revised December 2009, is hereby incorporated by reference in this rule as published by the Board of Probation and Parole and is available at 3400 Knipp Drive, Jefferson City, Missouri, 65109. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: section 217.755, RSMo 2000, and section 217.690, RSMo Supp. 2011.* This rule was previously filed as 13 CSR 80-3.010. Original rule filed Feb. 5, 1968, effective Feb. 15, 1968. Amended: Filed Feb. 15, 1968, effective Feb. 25, 1968. Amended: Filed Sept. 4, 1968, effective Sept. 14, 1968. Amended: Filed Nov. 12, 1971, effective Nov. 22, 1971. Emergency amendment filed Aug. 12, 1977, effective Aug. 22, 1977, expired Dec. 10, 1977. Amended: Filed Aug. 12, 1977, effective Dec. 11, 1977. Amended: Filed May 13, 1982, effective Aug. 12, 1982. Amended: Filed Dec. 30, 1983, effective April 12, 1984. Amended: Filed Oct. 19, 2011, effective May 30, 2012. *Original authority: 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992, 1995, 2002, 2005 and 217.755, RSMo 1982. Douglas v. Buder, 412 U.S. 430, 93 S.Ct. 2199, 37 L.Ed.2d 52 (1973). Issuance of a traffic citation is not an “arrest” under either Missouri or Arkansas law for which failure to report cannot be grounds for revocation or probation without violating due process. Op. Atty. Gen. No. 80, Vermillion, 5-2-74. Board may properly refuse to allow its clients and those sent to Missouri under the Interstate Compact for Supervision of Parolees and Probationers to live in meretricious relationships during the term of their probation or parole.