Time Served Credit for the Trial Court, Not the DOC

In a case of first impression, the Missouri Supreme Court ruled, in Donaldson v. Crawford, that in a probation revocation, only the trial court, and not the Department of Corrections, has the power to assess "time served" credits in passing sentence for the revocation. Donaldson was convicted of selling a controlled substance and placed on probation. While on probation, Donaldson was arrested for rape and armed criminal action, for which he was ultimately convicted and sentenced to prison. Upon reaching eligiblity for release on the later charges, he was detained to answer for violating his probation, which was revoked and sent to prison on the original drug offense. Donaldson filed a declaratory judgment seeking "time served" credit be applied by the DOC to his latest sentence. The trial court denied relief, relying on the language of Section 559.100.2, RSMo, which states that "the circuit court may, in its discretion, credit any period of probation or parole as time served on a sentence." The Supreme Court held that this statute, read in conjunction with Section 558.031.1, RSMo, vests exclusive authority for time served credit in the circuit court.