A common question I get from clients is “do I get credit for the time I’ve been in jail or on probation if I end up in the Missouri Department of Corrections?”

 Missouri law was recently changed, on August 28, 2023, so that “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” is now automatic!  (see  RSMo. § 558.031 (effective Aug 28, 2023)) 

It is no longer required for the “circuit court… when pronouncing sentence, [to] award credit or time spent in prison, jail, or custody after the offense occurred and before conviction toward the service of the sentence of imprisonment.”  Under this old law, if the court did not award “credit or time” served, it was not awarded. Now, neither the attorney nor the Court need to do anything now. Credit for time served is automatic.

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What counts as time served?

• When you are arrested for crime “A,” you can start getting credit for time served; 
• If you spend any time in jail for crime “A” before you make bond, you get credit for this time served;
• If you miss a court date for crime “A” and are arrested on a “Warrant for Failure to Appear,” you get credit for this time served;
• If your bond on crime “A” is revoked and you go back to jail; you get credit for this time served;
• If you get probation for crime “A,” your probation is suspended and you arrested for this suspended probation,” if you spend any time in jail before your probation revocation hearing, you get credit for this time served;
• If you are returned to probation (or get a new term of probation) after your probation revocation hearing, and at a later date your probation is suspended again, and you arrested for this new suspended probation,” if you spend any time in jail before your new probation revocation hearing, you get credit for this time served;
• If your are sent to DOC for 120 days as part of your sentence before probation, you get credit for this time served.

What does not count as time served?

• If you spent any time in jail before you were arrested for crime “A,” you do not get credit for this time served;
• If your are out on bond for crime “A” and are out of jail, even if the bond terms include restrictions (including GPS), you do not get credit for any time served;
• If you are put on probation for crime “A” and are out of jail, even if the probation terms include restrictions (including GPS), you do not get credit for any time served;
• If you later are arrested for crime “B,” you do not get credit for this time served; (however, if your arrest for crime “B” results in your bond being revoked for crime “A” or if it results in your probation being suspended, and either of these things result in you returning to jail, you get credit for this time served);

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Who reports “time served” and when? 

The 2023 law (RSMo. § 558.031) states:

2.  [ ] 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.

Jails can provide you a copy of the “days served report” for individuals and charges. Here is one such redacted report for one of my former clients form Ste. Gen.

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In Ste Gen the report includes the “cost” of the days served with the Jail will try and recoup from the defendant or the State (see next picture) >