Mo. Rev. Stat. » Chapter 559
Missouri Revised Statutes

Mo. Rev. Stat. § 559.021 (2026)

Conditions of probation

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  559.021.  Conditions of probation — compensation of victims — free work, public or charitable — defendant not an employee for workers' compensation purposes — payment to county restitution fund, when. — 1.  The conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the defendant will not again violate the law.  When a defendant is placed on probation he or she shall be given a certificate explicitly stating the conditions on which he or she is being released.

  2.  In addition to such other authority as exists to order conditions of probation, the court may order such conditions as the court believes will serve to compensate the victim, any dependent of the victim, any statutorily created fund for costs incurred as a result of the offender's actions, or society.  Such conditions may include restorative justice methods pursuant to section 217.777, or any other method that the court finds just or appropriate including, but not limited to:

  (1)  Restitution to the victim or any dependent of the victim, or statutorily created fund for costs incurred as a result of the offender's actions in an amount to be determined by the judge;

  (2)  The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge;

  (3)  Offender treatment programs;

  (4)  Work release programs in local facilities; and

  (5)  Community-based residential and nonresidential programs.

  3.  The defendant may refuse probation conditioned on the performance of free work.  If he or she does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly.  Any county, city, person, organization, or agency, or employee of a county, city, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the defendant or any person deriving a cause of action from him or her if such cause of action arises from such supervision of performance, except for an intentional tort or gross negligence.  The services performed by the defendant shall not be deemed employment within the meaning of the provisions of chapter 288.  A defendant performing services pursuant to this section shall not be deemed an employee within the meaning of the provisions of chapter 287.

  4.  In addition to such other authority as exists to order conditions of probation, in the case of a finding of guilt, the court may order the assessment and payment of a designated amount of restitution to a county law enforcement restitution fund established by the county commission pursuant to section 50.565.  Such contribution shall not exceed three hundred dollars for any charged offense.  Any restitution moneys deposited into the county law enforcement restitution fund pursuant to this section shall only be expended pursuant to the provisions of section 50.565.

  5.  A judge may order payment to a restitution fund only if such fund had been created by ordinance or resolution of a county of the state of Missouri prior to sentencing.  A judge shall not have any direct supervisory authority or administrative control over any fund to which the judge is ordering a defendant to make payment.

  6.  A defendant who fails to make a payment to a county law enforcement restitution fund may not have his or her probation revoked solely for failing to make such payment unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of the evidence that the defendant either willfully refused to make the payment or that the defendant willfully, intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources to pay.

  7.  The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.

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(L. 1977 S.B. 60, A.L. 1981 H.B. 554, A.L. 1985 H.B. 715, A.L. 1986 H.B. 1607, A.L. 1997 H.B. 727, A.L. 2004 H.B. 1055, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions
Cited in 14 cases, 1982–2019 · leading case: State ex rel. Bowman v. Inman, 516 S.W.3d 367 (Mo. 2017).
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State ex rel. Bowman v. Inman, 516 S.W.3d 367 (Mo. 2017). · cites it 6× “Sections 559.021 and 559.100, RSMo Supp. 2014, provide trial courts with broad discretion to determine the conditions of probation, including conditions that the defendant pay restitution to the crime victims.”
State v. Fleming, 541 S.W.3d 560 (Mo. Ct. App. 2018). · cites it 4× “1 limits the discretionary authority granted under Sections 559.021 and 559.100: There is no doubt that section 559.”
State v. Gladden, 294 S.W.3d 73 (Mo. Ct. App. 2009). · cites it 15× “Appellant argues that the trial court erred in ordering Appellant to pay restitution to Ohio Casualty because the insurance company is not a victim under section 559.021, RSMo Cum.Supp.2008. 4 The State argues that Ohio Casualty is a victim under section 559.”
Cain v. State, 859 S.W.2d 715 (Mo. Ct. App. 1993). · cites it 2× “Pursuant to § 559.021 RSMo 1986, the terms of probation are within the discretion of the trial court.”
Grossoehme v. Cordell, 904 S.W.2d 392 (Mo. Ct. App. 1995). · cites it 3× “Section 559.021, RSMo 1986 1 permits use of restitution as a condition of probation.”
Davis v. State, 712 S.W.2d 50 (Mo. Ct. App. 1986). · cites it 2× “026 reads: Except in infraction cases, when probation is granted, the court, in addition to conditions imposed under section 559.021, may require as a condition of probation that the defendant submit to a period of detention in an appropriate institution at whatever time or…”
St. Louis Cnty. v. Corse, 913 S.W.2d 79 (Mo. Ct. App. 1995). · cites it 2× “2(l)-(5), the trial court has discretion to impose a fine; sentence a person to a term of imprisonment; suspend the imposition of a sentence, with or without placing the person on probation; pronounce a sentence, then suspend its execution, placing the person on probation; and,…”
State ex rel. Doe v. Moore, 265 S.W.3d 278 (Mo. 2008). · cites it 2× “Section 559.021. The conditions of probation shall be such as the trial court in its discretion deems reasonably necessary to ensure that the defendant will not again violate the law.”
Wibberg v. State, 957 S.W.2d 504 (Mo. Ct. App. 1997). “The continuing jurisdiction given a sentencing court to modify conditions of probation is statutorily authorized under § 559.021. Such is not the case with a court which is authorized to grant a conditional release under § 552.”
State v. Patterson, 849 S.W.2d 153 (Mo. Ct. App. 1993). · cites it 2× “He cites the language of section 559.021, which says “(t)he conditions of probation shall be such as the court in its discretion deems reasonably necessary to insure that the defendant will not again violate the law.”
State v. Hollensbe, 720 S.W.2d 14 (Mo. Ct. App. 1986). · cites it 2× “The court ordered as a special condition of probation that appellant maintain full-time employment and pay restitution “in the amount of 25% of net pay received during period of probation, not to exceed out-of-pocket expenses.”
State ex rel. Popowich v. Conley, 967 S.W.2d 294 (Mo. Ct. App. 1998). “§ 559.021. It is difficult to understand on what authority the respondent ordered the relator to do community service, when no probation yet existed, unless, of course, the trial court was under the mistaken belief it had the authority to order some type of “interlocutory” or…”
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