(A) Parole or probation. Any judge hearing violations of municipal ordinances may, when in his or her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before said judge.
(B) Conditions of probation: compensation of victims: free work, public or charitable.
(1) The condition 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.
(2) 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.
(3) 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, or society. Such conditions may include, but shall not be limited to:
(a) Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge;
(b) The performance of a designated amount of free work for a public or charitable purpose or purposes, as determined by the judge;
(c) The assessment of such jail time, so long as such jail time is within the range of punishment authorized by ordinance or law for the offense charged;
(d) The assessment of a such fine so long as such amount is within the range of punishment authorized by ordinance or law for the offense charged; and/or
(e) Completion of alcohol or substance abuse education, evaluation, or treatment programs at the expense of the defendant.
(4) 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.
(5) The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
(6) The court may suspend either the imposition or execution of sentence as a condition of
probation.
(C) 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 or action arises from such supervision or 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 RSMo. Chapter 288.
(Ord. 98-001, passed 1-27-1998)