2005 Missouri Revised Statutes - § 558.046. — Reduction of term of sentence, conditions.

558.046. The sentencing court may, upon petition, reduce any term of sentence or probation pronounced by the court or a term of conditional release or parole pronounced by the state board of probation and parole if the court determines that:

(1) The convicted person was:

(a) Convicted of a crime that did not involve violence or the threat of violence; and

(b) Convicted of a crime that involved alcohol or illegal drugs; and

(2) Since the commission of such crime, the convicted person has successfully completed a detoxification and rehabilitation program; and

(3) The convicted person is not:

(a) A prior offender, a persistent offender, a dangerous offender or a persistent misdemeanor offender as defined by section 558.016; or

(b) A persistent sexual offender as defined in section 558.018; or

(c) A prior offender, a persistent offender or a class X offender as defined in section 558.019.

(L. 1993 S.B. 167)

(2000) Section defines no offense and prescribes no fine, penalty, or punishment; thus, it is not a penal statute and should not be strictly construed against the State. State ex rel. Moore v. Sweeney, 32 S.W.3d 212 (Mo.App.S.D.).