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Missouri Revised Statutes

Mo. Rev. Stat. § 559.012 (2026)

Eligible for probation, when

✓ current as of May 2026
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  559.012.  Eligible for probation, when. — The court may place a person on probation for a specific period upon conviction of any offense or upon suspending imposition of sentence if, having regard to the nature and circumstances of the offense and to the history and character of the defendant, the court is of the opinion that:

  (1)  Institutional confinement of the defendant is not necessary for the protection of the public; and

  (2)  The defendant is in need of guidance, training or other assistance which, in his or her case, can be effectively administered through probation supervision.

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(L. 1977 S.B. 60 § 559.011, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions
Cited in 8 cases, 1982–2011 · leading case: Bowers v. State, 330 S.W.3d 832 (Mo. Ct. App. 2011).
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Bowers v. State, 330 S.W.3d 832 (Mo. Ct. App. 2011). · cites it 8× “Statutory Authority to Order Probation Section 559.012 authorizes a court to place persons who meet the eligibility criteria outlined in section 559.”
State v. Dunagan, 772 S.W.2d 844 (Mo. Ct. App. 1989). · cites it 2× “Moreover, § 559.012, RSMo 1986, which authorizes a trial judge to place a defendant on probation, provides that the judge may do so if, having regard to the nature and circumstances of the offense and to the history and character of the defendant, the judge is of the opinion…”
State v. Campbell, 655 S.W.2d 96 (Mo. Ct. App. 1983). · cites it 2× “” The trial court imposed the jail sentence assessed by the jury, but suspended execution and placed Campbell on probation, § 559.012, RSMo 1978, subject to sundry conditions including restitution, § 559.”
State v. Ortega, 985 S.W.2d 373 (Mo. Ct. App. 1999). · cites it 2× “See § 559.012, RSMo 1986. It had authority to discharge him from probation prior to expiration of the three-year term of probation that was fixed at the time of the guilty plea.”
State ex rel. Popowich v. Conley, 967 S.W.2d 294 (Mo. Ct. App. 1998). · cites it 3× “07(e) and §§ 559.012, 559.100, and 559.120. Rule 29.”
State ex rel. Hughes v. Kramer, 702 S.W.2d 517 (Mo. Ct. App. 1985). · cites it 2× “Respondent’s line of argument combines § 559.012, RSMo., “The court may place a person on probation .”
State ex rel. Cooper v. Randall, 630 S.W.2d 216 (Mo. Ct. App. 1982). “071 is depleted by later and contradictory provisions of the Probation chapter 559 of the criminal code: § 559.012 allows a court to place a defendant on probation without the qualification of § 549.”
Wuebbels v. State, 770 S.W.2d 479 (Mo. Ct. App. 1989). · cites it 2× “” Section 559.012 provided that the court might place a convicted defendant on probation in certain circumstances.”
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