Thank you for the additional information I wanted to see when the dates were to see if that may impact the application of the statute.
HB1525 also allows the Division of Probation and Parole to place offenders in jail for short periods of time when a probation and parole officer believes an offender has violated a condition of release unless the offender's order of release includes detention as a condition of the probation or parole. The first period of detention may be no longer than 48 hours and the offender may only spend up to 360 hours in jail in a calendar year. The parole officer does this as alternative to filing revocation proceedings. Has the probation filed to have his probation revoked?
If they have then the court can sentence him to prison.
Here is the procedure or rules by the Department of Corrections for determining an inmates Good Time Credit.
Class C offenders can earn 2 months for year of the sentence. So a 6 year sentence would be eligible for 12 months/ 1 year credit.
He would also be entitled to anytime that he has already spent incarcerated for this offense.
Under § 559.016.XXXXX"may revoke probation and order that any sentence previously imposed be executed. If imposition of sentence was suspended, the court may revoke probation and impose any sentence available under § 557.011. The court may mitigate any sentence of imprisonment by reducing the prison or jail term by all or part of the time the defendant was on probation. The court may, upon revocation of probation, place an offender on a second term of probation. Such probation shall be for a term of probation as provided by § 559.016, notwithstanding any amount of time served by the offender on the first term of probation."
So the court has discretion to give him credit for the time has served on probation should the court impose a prison sentence.
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