May 13, 2026

Not Guilty Chapter 16 | Probation (or Prison)

PROBATION IN THE STATE OF Missouri comes in a couple of different formats. Again, if you are finding yourself in this position, you need to consult with an attorney to fight on your behalf.

Probation is either supervised or unsupervised. Unsupervised probation may also be called court supervised probation. Court-supervised probation is simply supervised by the courts. The judge’s clerk may keep an eye on a person’s history, or a private supervision agency may keep an eye on it, or no one may keep an eye on it, unless that person reappears in court for something else. The probationer is generally required to advise the court of any arrests or law enforcement contacts (within 24 or 48 hours, or whatever the court has requested), and may impose other requirements. If the probationer fails to follow those requirements (i.e. picked up a new charge and didn’t tell the court), a probation violation may be filed.

Supervised probation will be supervised by the Department of Probation and Parole (“P&P”). Supervised probation will come with acronyms like “SES” and “SIS”. Sometimes probation comes with shock time to be served or treatment (“120” or “Long-Term”), which as it sounds, is intended to shock the offender into never offending again. From time to time the term earned compliance credits (ECC) may come up. This is not an exhaustive list of probation-related conditions or acronyms. If you need additional information you should contact a licensed attorney in your jurisdiction to discuss your situation.

SES stands for Suspended Execution of Sentence. In this scenario the defendant is sentenced to a term of years (in street lingo called a “backup”) in the Department of Corrections, but the execution of that sentence is suspended. The offender is placed on probation for a period of generally five years. As long as probation is successfully completed, the sentence will never be executed, or never have to be served. Issuance of an SES does result in a conviction on the offender’s record. If it is an SES on a felony, the offender will have a felony record.

SIS stands for Suspended Imposition of Sentence. The court may say, “sentence is suspended.” In this scenario, no sentence is imposed, and the defendant is placed on probation, generally for a five-year term. As long as the offender successfully completes probation, no sentence will ever be imposed, and without a sentence associated with the plea, no conviction exists. Because no conviction exists, the offense, for Missouri’s purposes, basically goes away. After successful
completion of probation, the probationer may complete a job application or a college application, and he or she will not have to disclose having been convicted of a felony, because they were not.

Keep in mind that some applications are worded differently. If the application asks if a person has ever been arrested, the answer is obviously yes. Also professional licensing applications, like for the Missouri Bar for lawyers, will often include an ethics component where they will expect things to be disclosed, whether or not it stays on a person’s record. Prior offenses with an SIS may still be used to enhance new offenses (if you got a DWI a long time ago, and took care of it with an SIS, it can still be used to enhance a second DWI to a “prior offender” status). Also, Federal law and other states respond in different ways to Missouri’s SIS concept. If you anticipate legal contacts outside Missouri, this should be discussed with your lawyer.
Common conditions of probation include:
(but are not limited to)
  1. No violations of the law.
    1. The number one condition is: Do not break the law. Having new charges filed while on probation creates an extremely high likelihood of a probation violation being filed.
  2. Don’t leave the area/State without permission.
  3. Don’t move without permission, or let them know promptly (usually within 48 hours) if you are forced to move.
  4. Don’t change your job without permission, or let them know promptly (usually within 48 hours) if you lose your job.
  5. Don’t associate or hang out with other people on probation or parole.
  6. Don’t use drugs.
    1. If the offender has a prescription (for example, she broke her arm and was prescribed pain killers), she should tell her probation officer about that prescription, and provide a copy if requested. This reduces problems if the prescription medication later should cause the offender to test positive during a drug screening.
  7. Don’t have weapons.
  8. Submit to searches.
  9. Submit to drug screens.
  10. Report when instructed to report.
  11. Comply with probation supervision.
    1. If told to go to treatment, just go.
  12. Pay intervention fees.
    1. The offender must pay a monthly fee to P&P for the luxury of their supervision.
  13. Other special conditions.
    1. The court may add other, creative conditions based on the facts of the case. These may include things like no contact with a victim, to pay restitution owed (restitution is money to make up for something stolen or damaged), not to use alcohol, attend anger management classes, or some other condition required by the Judge.
Department of Probation and Parole (“P&P”) – supervises probation.

Department of Corrections (“DOC”) – Missouri’s prison system.

Offender or Probationer – Once the defendant has plead guilty and been placed on probation, he will likely be referred to as an Offender, or a Probationer.

120 – The Probationer may be ordered to serve 120 days in prison either as shock time, intended to shock the offender into reforming his behavior, or 120 days in a prison treatment program. When sent for this 120 day program, whether shock time or treatment, it is 120 days in prison, and does not include any time spent in the county jail ahead of time. The determination of which prison the offender will serve his or her time at will be determined by the Department of Corrections (DOC), and neither the judge, the prosecutor, nor the defense attorney has any role in making that decision. Upon successful completion of their 120 days, a report is forwarded back to the sentencing judge, who is now overseeing their probation, and they may be released onto probation.

Long Term Drug Treatment – Another prison treatment option that lasts in excess of one year. Upon successful completion, the offender may be released onto probation.

Earned Compliance Credits (“ECC”) – Some offenders qualify for 30 days off for every good thirty days. This applies to their time on probation, not to any prison sentence they may have to serve if they violate probation. It is possible to complete their probation term in half the time if they are eligible and are not in violation of the terms of their probation. This does not apply in all cases.

Restitution – Restitution is repayment of the value owed or damaged in a crime. If the offender stole $5,000.00, the offender may be expected to repay $5,000.00. The offender cannot be released off of probation if the offender has not paid their restitution in full.
Probation Violations. Offenders should keep a current address with the court or their probation officer. They need to make sure the court has a good address to send mail to them. While the court and P&P need to know where the offender is actually living, if the best address to be sure they receive mail is their grandmother’s address, also give them that address. In the event of a probation violation, offenders will be required to return to court to answer for whatever they are accused of. It is important the offender actually be aware of any such notification.

Track My Case – The Missouri courts website currently offers a feature on to allow anyone to track their case. They can sign up for text or email alerts anytime new information is posted on a case using the track my case feature in case.net on the courts.mo.gov website.
Probation may be thought of like a contract: The courts agree to not send the offender to prison, if the offender agrees to follow some rules. If the offender breaks the rules of the contract, the courts don’t have to find that beyond a reasonable doubt like they do the initial act that got the offender placed on probation in the first place. He or she already plead guilty to that. The question is whether, by a preponderance of the evidence, the offender has violated the conditions of his or her probation. If the answer is yes, the next question is what to do about it. The court may impose a sanction or penalty and give the offender another chance, or the court may impose a sentence or execute an existing sentence and require the probationer serve his or her sentence (backup/prison time).

There are a number of different alternatives, and it is very important to speak with a lawyer if your rights are in jeopardy!
*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!