To repeal sections 479.190 and 559.021, RSMo 1994, relating to community services by probationers, and to enact in lieu thereof two new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 479.190 and 559.021, RSMo 1994, are repealed and two new sections enacted in lieu thereof, to be known as sections 479.190 and 559.021, to read as follows:

479.190. 1. Any judge hearing violations of municipal ordinances may, when in his 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 such judge. When a person is placed on probation he shall be given a certificate explicitly stating the conditions on which he is being released.

2. In addition to such other authority as exists to order conditions of probation, the court may order conditions which the court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:

(1) Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge; and

(2) The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge.

3. A person may refuse probation conditioned on the performance of free work. If he does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. 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 person placed on parole or probation or any person deriving a cause of action from him if such cause of action arises from [such supervision of performance] performance of such free work or from supervision of its performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of chapter 287 or chapter 288, RSMo, nor shall the probationer or parolee be deemed an employee of the state, any city or county, or any public, private or charitable entity for the purpose of determining benefits for work performed unless specifically provided otherwise by state law or by city or county ordinance or order.

4. The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.

559.021. 1. The conditions of probation shall be such as the court in its discretion deems reasonably necessary to insure that the defendant will not again violate the law. When a defendant is placed on probation he shall be given a certificate explicitly stating the conditions on which he is being released.

2. 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

(1) Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge; and

(2) The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge.

3. The defendant may refuse probation conditioned on the performance of free work. If he does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. 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 if such cause of action arises from [such supervision of] the performance of such free work or from supervision of its performance, except for [an] intentional [tort] torts or gross negligence. The services performed by the defendant shall not be deemed employment within the meaning of the provisions of chapter 287 or chapter 288, RSMo, nor shall the probationer or parolee be deemed an employee of the state, any city or county, or any public, private or charitable entity for the purpose of determining benefits for work performed unless specifically provided otherwise by state law or by city or county ordinance or order.

4. The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.