558.031. Calculation of terms of imprisonment — credit for jail time awaiting trial, requirements. — 1. A sentence of imprisonment shall commence when a person convicted of an offense in this state is received into the custody of the department of corrections or other place of confinement where the offender is sentenced.
2. Such person shall receive credit toward the service of a sentence of imprisonment for all time in prison, jail or custody after the offense occurred and before the commencement of the sentence, when the time in custody was related to that offense. This credit shall be based upon the certification of the sheriff as provided in subdivision (3) of subsection 2 of section 217.305 and may be supplemented by a certificate of a sheriff or other custodial officer from another jurisdiction having held the person on the charge of the offense for which the sentence of imprisonment is ordered.
3. The officer required by law to deliver a person convicted of an offense in this state to the department of corrections shall endorse upon the papers required by section 217.305 both the dates the offender was in custody and the period of time to be credited toward the service of the sentence of imprisonment, except as endorsed by such officer.
4. If a person convicted of an offense escapes from custody, such escape shall interrupt the sentence. The interruption shall continue until such person is returned to the correctional center where the sentence was being served, or in the case of a person committed to the custody of the department of corrections, to any correctional center operated by the department of corrections. An escape shall also interrupt the jail time credit to be applied to a sentence which had not commenced when the escape occurred.
5. If a sentence of imprisonment is vacated and a new sentence imposed upon the offender for that offense, all time served under the vacated sentence shall be credited against the new sentence, unless the time has already been credited to another sentence as provided in subsection 1 of this section.
6. If a person released from imprisonment on parole or serving a conditional release term violates any of the conditions of his or her parole or release, he or she may be treated as a parole violator. If the parole board revokes the parole or conditional release, the paroled person shall serve the remainder of the prison term and conditional release term, as an additional prison term, and the conditionally released person shall serve the remainder of the conditional release term as a prison term, unless released on parole.
7. Subsection 2 of this section shall be applicable to offenses for which the offender was sentenced on or after August 28, 2023.
8. The total amount of credit given shall not exceed the number of days spent in prison, jail, or custody after the offense occurred and before the commencement of the sentence.
Notes of Decisions
State Ex Rel. Nixon v. Kelly, 58 S.W.3d 513 (Mo. 2001).
· cites it 40× “Respondent agreed, citing section 558.031, RSMo Supp.1995, which provides the time a prisoner serves will be credited to more than one offense if the time in custody is “related to” both offenses.”
Webster v. Purkett, 110 S.W.3d 832 (Mo. Ct. App. 2003).
· cites it 21× “Petitioner, Terry Webster, filed a petition for declaratory judgment or in the alternative writ of habeas corpus after the Department of Corrections recalculated his entitlement to jail-time-credit under section 558.031 RSMo.1986. Petitioner appeals from the trial court’s grant…”
Donaldson v. Crawford, 230 S.W.3d 340 (Mo. 2007).
· cites it 15× “The trial court correctly determined that sections 558.031 and 559.100 2 provide that the sentencing court, not the department of corrections, determines whether credit should be given when probation is revoked.”
Prapotnik v. Crowe, 55 S.W.3d 914 (Mo. Ct. App. 2001).
· cites it 22× “Point I Crowe argues, in her sole point on appeal, that the trial court erred in granting Prapotnik’s declaratory judgment petition because the 1995 amendment to § 558.031, which would grant him jail time credit pursuant to Goings v.”
Dunn v. Precythe, 557 S.W.3d 454 (Mo. Ct. App. 2018).
· cites it 18× “Dunn argues that the trial court erred in dismissing his claim because not all of his claims were adjudicated, he pled sufficient facts, and the trial court misinterpreted section 558.031. 2 We affirm. Statement of Facts 3 Mr.”
Howard v. Missouri Dep't of Corr., 341 S.W.3d 857 (Mo. Ct. App. 2011).
· cites it 30× “Here, Section 558.031 is the applicable statute that Howard contends entitles him to credit for time served in Canada pursuant to the Missouri detainer.”
Roy v. Missouri Dep't of Corr., 23 S.W.3d 738 (Mo. Ct. App. 2000).
· cites it 18× “Roy claims that the trial court clearly erred in dismissing his petition because (1) a prisoner may file a petition for declaratory judgment seeking a determination that he or she is entitled to credit toward the completion of a sentence pursuant to § 558.031, RSMo 1994; 1 (2)…”
State v. Moore, 303 S.W.3d 515 (Mo. 2010).
· cites it 6× “He argues that under section 558.031 a sentence to the department of corrections does not commence until a person physically is received by the department and, therefore, he was not serving a sentence when he was booked into the county jail because physically he had not been…”
Goings v. Missouri Dep't of Corr., 6 S.W.3d 906 (Mo. 1999).
· cites it 10× “1 The department of corrections refused to give Goings credit for time served, pursuant to section 558.031, 2 against the five-year sentence imposed in December 1997 in the circuit court for Stoddard County.”
Belton v. Moore, 112 S.W.3d 1 (Mo. Ct. App. 2003).
· cites it 13× “Belton reasoned that he was entitled to such credit under section 558.031 3 because all of the time served between those dates was related to his second offense for drug manufacturing.”
State Ex Rel. Gater v. Burgess, 128 S.W.3d 907 (Mo. Ct. App. 2004).
· cites it 22× “Gater filed this writ of habeas corpus in our court, claiming that section 558.031 3 compels respondent to credit his current trafficking sentence with the sixteen months he spent in jail after his parole was revoked.”
— Mo. Rev. Stat. § 558.031(1) — 1 case
— Mo. Rev. Stat. § 558.031(2) — 1 case
— Mo. Rev. Stat. § 558.031(3) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.