Time spent in jail before sentencing usually counts toward a Missouri prison sentence. Under current law, a person receives credit for time in custody after the offense and before the sentence begins, as long as that custody was related to the offense.
This guide explains jail time credit under RSMo 558.031 as amended effective August 28, 2023, how it is calculated, where it most often goes wrong, and how to fix a credit error. A further change takes effect January 1, 2028.
The rule
Do you get credit for time served in Missouri?
Yes, for custody related to the offense.
For people sentenced on or after August 28, 2023, RSMo 558.031.2 provides that a person “shall receive credit” toward a sentence of imprisonment for all time in prison, jail, or custody after the offense occurred and before the sentence begins, when that custody was related to the offense. The total credit cannot exceed the actual number of days in custody.
The credit is based on the sheriff’s certification of the days in custody, and it can be supplemented by a certificate from another jurisdiction that held the person on the same charge. A Missouri sentence itself begins when the person is received into the Department of Corrections or the place of confinement named in the sentence.
Problems
When does jail time credit go wrong in Missouri?
Most errors come from multiple cases, holds, and missing paperwork.
Multiple cases
When a person is held on several cases at once, whether the custody was “related to” each offense determines where the credit goes. How credit is applied across consecutive sentences is a common source of disputes.
Holds from other places
Time held in another county or state, or on a federal case, may or may not be credited depending on why the person was held. Documentation from the other jurisdiction matters.
Probation revocations
Time in jail on a probation violation, time in a treatment facility, and time on electronic monitoring raise their own questions about what counts as “custody.”
The sheriff’s certification
If the paperwork sent to the Department of Corrections is incomplete, the credit applied may be wrong. Checking the dates early avoids a longer fix later.
Fixing it
How do you fix a jail time credit error in Missouri?
Start with the records, then the right procedure.
The first step is to gather the custody dates from every jail or facility and compare them with the credit the Department of Corrections applied. Many errors are clerical and can be corrected by getting accurate certifications to the right office.
When the Department will not correct the calculation, the remedy may involve administrative review or a court proceeding, depending on the problem. The procedure matters, and filing the wrong kind of request can waste months.
See Missouri felony classes and sentencing and concurrent and consecutive sentences.
Planning
Why does jail time credit matter in a plea?
Because it can change what a sentence actually means.
A person who has already spent months in jail awaiting trial may be close to, or past, the time they would actually serve on some sentences. How credit will be applied, and whether multiple sentences run concurrently or consecutively, should be understood before agreeing to a plea, not discovered after.
Credit for time served applies to a sentence of imprisonment. It does not shorten a term of probation.
FAQ
Jail time credit questions
Does county jail time count toward a Missouri prison sentence?
Yes, when the custody was related to the offense. Under RSMo 558.031, a person receives credit for time in custody after the offense and before the sentence begins.
Do I get credit for time served on two cases?
It depends on whether the custody was related to each offense and on how the sentences run. Credit across multiple cases, especially consecutive sentences, is a common source of errors, so the calculation should be checked.
Does time on an ankle monitor count as jail time credit?
It depends on whether the conditions amounted to “custody” under the statute and the facts of the case. It is a commonly disputed credit question.
Who calculates jail time credit in Missouri?
The sheriff certifies the custody dates, and the Department of Corrections applies the credit to the sentence based on that certification and any supplemental certificates.
What if my credit is wrong?
Gather the custody records from each facility and compare them with the credit applied. Clerical errors can often be corrected; disputes may require administrative or court review.
See our criminal defense page, or call 573-638-8529.
Talk to us
Every day of credit counts.
If you are facing sentencing in Missouri after time in custody, call to make sure the credit is understood before any agreement.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri sentencing law as of October 2026, not legal advice, and it does not create an attorney-client relationship. RSMo 558.031 is scheduled to change effective January 1, 2028.
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