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BULLET St. Louis City Revised Code Chapter 16.08 Probation

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 16.08
Probation

Sections:

16.08.010 City court powers.
16.08.020 When allowed.
16.08.030 Termination.
16.08.040 Conditions.
16.08.050 Habitual delinquents.
16.08.060 Probationer--Defined--Duties.
16.08.070 Discharge--Granting.
16.08.080 Discharge--Payment of fines and costs.
16.08.090 Pending appeal.
16.08.100 Powers of parole and probation officers.

16.08.010 City court powers.

The city courts shall have power to place on probation, under the charge and supervision of officers to be known as parole and probation officers, persons convicted of a violation of any of the city ordinances. The officers shall be the parole and probation officers appointed under authority of Chapter 16.04 by the commissioner of adult services.
(Ord. 49570 1 (part), 1959: 1948 C. Ch. 52 11: 1960 C. 179.010.)

16.08.020 When allowed.

When any person of previous good character shall be convicted of a violation of a city ordinance and a fine shall have been imposed therefor, the city court before which the conviction was had, if satisfied that the person, if permitted to go at large, will not again violate the laws, may in its discretion by order of record recall the issuance of, or stay, the execution for a period of time and on terms and conditions as it shall determine and place the person on probation under the charge and supervision of a parole and probation officer during the stay of execution. Upon satisfying the execution either by paying the same in money or by discovering to the city marshal sufficient goods or chattels the property of the person, whereupon to levy the execution for debt and costs, the judgment shall be deemed satisfied and the probation cease, and the record in the court shall so show. The court may permit the persons to go and remain at large until the period of probation is terminated; provided, further, that the court shall not have power to recall any execution after the convicted person has been confined in the workhouse.
(1948 C. Ch. 52 12: 1960 C. 179.020.)

City Counselor Ops.: 10136

16.08.030 Termination.

When any person shall be placed on probation under Section 16.08.020, the court granting the probation, or the judge thereof in vacation, may terminate the probation at any time without notice to the person by simply directing the clerk of the court to issue execution on the judgment and to deliver the same to the city marshal together with a certificate that the person has been on probation, and that his probation has been terminated, and it shall be the duty of the city marshal upon receipt of the execution and certificate immediately to arrest the person and to deliver him to the person appointed to convey prisoners to the workhouse, in the same manner as if no probation had been granted, and it shall be deemed a condition upon which any person accepts the benefits of being placed under probation in accordance with this chapter that the time that the person shall have been at large upon probation shall not be deducted from the time to be served by him in working out any fine imposed upon him nor counted as a part of the term of his imprisonment, but the time for his imprisonment shall be calculated from the date of his delivery to the warden of the city workhouse.
(1948 C. Ch. 52 13: 1960 C. 179.030.)

City Counselor Ops.: 10136

16.08.040 Conditions.

When a city court stays the issuance of, or recalls its execution against any person and places the person on probation, it shall determine the conditions and period of probation, which shall be such as the court shall in its discretion prescribe. The court, or the judge thereof, may modify the conditions and period of probation and may at any time discharge the probationers from further custody. Should a probationer evade surveillance or depart from the jurisdiction of the court without permission of the court or the judge thereof, the time during which the probationer keeps his whereabouts concealed or remains outside the jurisdiction of the court shall not be deducted from his term of probation nor count as a part thereof. The probationer shall enter into such promises and conditions as may be imposed by the court, under oath administered either by the court or the clerk thereof, and under the seal of the court provided for such purposes, and a copy of the promises and conditions shall be furnished to the probationer.
(1948 C. Ch. 52 14: 1960 C. 179.040.)

16.08.050 Habitual delinquents.

Whenever a judge of one of the city courts knows or it is brought to his knowledge that any person charged before him with the violation of any city ordinance is a habitual drunkard or a habitual user of narcotic drugs or the like or is a habitual idler, or a vagrant, the judge may, upon a hearing after the additional charge shall have been made against the person, with the view to reform and cure the person, pronounce an indeterminate sentence, not exceeding one year, for the detention of the person in any suitable penal, corrective, curative institution, hospital or farm belonging to the city. For the purposes of better administration of this provision the judge shall have the power in his discretion, from time to time, to make any order for a change of place of detention of the habitual delinquent, which order shall, when it is made and before its execution, be entered of record in the court.
(1948 C. Ch. 52 15: 1960 C. 179.050.)

Charter:

Art. IV 24 Fines and imprisonment--detention of habitual drunkards.

16.08.060 Probationer--Defined--Duties.

The term "probationer" shall mean a person placed on probation. It shall be the duty of the probationer under the provisions of Section 16.08.020 to appear during the continuance of the term of probation, as often and when and where the court shall direct, and give satisfactory evidence to the judge or to the parole and probation officer thereof that he is complying with all the conditions of such probation and living as a peaceable and law abiding citizen.
(1948 C. Ch. 52 16: 1960 C. 179.060.)

16.08.070 Discharge--Granting.

When any person who has been placed on probation under the foregoing provisions of this chapter shall have been at large during the entire term of the probation and the court granting the probation shall be satisfied that the reformation of the person is complete and that he will not again violate the law, the court may in its discretion by order of record grant the person an absolute discharge. The order of discharge shall recite the fact that the person has earned the discharge by good behavior.
(1948 C. Ch. 52 17: 1960 C. 179.070.)

16.08.080 Discharge--Payment of fines and costs.

It shall be the duty of the court to require the probationer to pay to the city marshal the costs that have accrued in the cause and also to pay, before his final discharge, any fine or part of fine that has been imposed by the court as a condition of the probation.
(1948 C. Ch. 52 18: 1960 C. 179.080.)

16.08.090 Pending appeal.

No probation shall be granted in any case while an appeal is pending in such case.
(1948 C. Ch. 52 19: 1960 C. 179.090.)

16.08.100 Powers of parole and probation officers.

Every parole and probation officer may require reports from probationers under his care as are reasonable and necessary and not inconsistent with the conditions imposed by the court or judge, and whenever any person is placed on parole by the mayor pursuant to Section 1 of Article VII of the charter or by the parole committee of the city, or on probation by one of the city courts, or by a judge thereof in vacation, and the person violates any one of the terms or conditions of his parole or of his probation, and the terms of the parole or the terms of the probation are known by any parole or probation officer who sees the violation thereof, the parole and probation officer shall have the power and authority forthwith to arrest the person so violating his parole or probation and to deliver the person into the custody of the city marshal for the execution of the judgment against the person; but the city marshal shall first bring the person before the court or judge that originally imposed the fine upon the person or which originally granted him probation. If the court or judge shall, upon hearing, find the fact to be that he has violated the terms or conditions of his parole or probation, then the city marshal shall, upon the written order of the court or judge, proceed in the execution of the judgment against the person. In case the violation of the terms or conditions of such parole or probation is not observed in person by any parole or probation officer but in any way is made known to the mayor or to the parole committee who granted the parole, or to the court or the judge who granted the probation, the same may be revoked by the person or authority who granted the same and without notice to the person paroled or on probation and upon written order from the person or authority so revoking the parole or probation, any parole and probation officer may arrest a violator of his parole or probation, as aforesaid, and deliver the person into the custody of the city marshal for the execution of the judgment against him; but the city marshal shall first bring the person before the court or judge that originally imposed the fine upon the person, or which originally granted him probation, and if the court or judge shall upon hearing find the fact to be that he has violated the terms or conditions of his parole or probation, then the city marshal shall, upon the written order of the court or judge, proceed in the execution of the judgment against the person. Every person who accepts a parole by the mayor or the parole committee, or the benefit of being placed on probation by one of the city courts, or by a judge thereof in vacation, shall be deemed to have accepted the conditions of this section as to arrest by a parole and probation officer and revocation of parole or probation as one of the conditions on which the clemency has been granted to him.
(Ord. 49570 1 (part), 1959: 1948 C. Ch. 52 20: 1960 C. 179.100.)

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