Criminal Law: Discharge from Probation-Earned Compliance Credits-Failure to Pay Court-Ordered Restitution

Defendants in underlying criminal cases were convicted and ordered to pay restitution and court costs as a condition of their probation. The state moved to revoke defendants’ probation for failure to keep current with their payments, but the circuit court granted defendants’ motions to be discharged because they had accrued enough Earned Compliance Credits to be statutorily entitled to discharge. The prosecutors moved for writ of prohibition.

Where permitting discharge from probation before satisfying a restitution condition would lead to an absurd result, the legislature clearly intended for restitution conditions to take precedence over the statutory entitlement to discharge from probation upon acquiring sufficient ECCs.

Writs of prohibition made permanent in part and quashed in part.

State ex rel. Hillman v. Beger (MLW No. 72753/Case No. SC97171 – 14 pages) (Supreme Court of Missouri, Wilson, J.; all concur)  Appealed from circuit court, Pulaski County, Berger, J. and circuit court, Pemiscot County, Copeland, J. (Kevin Hillman, Waynesville and  for relator; John Grobmyer and Susan Warren, Portageville for relator Erica Long) (Jason H. Lamb and Jeremy G. Lytle for respondents)