Suspended Imposition of Sentence (SIS) Law and Legal Definition
Suspended imposition of sentence or SIS is a sentencing option available to the trial court. In SIS, usually the defendant is placed on probation. If the defendant violates probation and faces revocation, the Judge may order any sentence within the full range of punishment for the crime convicted. If the defendant successfully completes probation, no sentence is actually ordered. Therefore normally an SIS is not considered a ‘conviction’ for anything other than law enforcement purposes.
For example, Suspended Imposition of Sentence (SIS) probation is generally available for Class B Misdemeanor DWI / BAC offenses in many counties in Missouri. This means that if the defendant pleads guilty, s/he will be given a sentence that is "suspended," and will be placed on probation for two years by law. If the probationary period, is completed successfully the conviction will not show on the permanent record. However, it will be recorded in the courts internal records and therefore in case of similar violation in the future the courts will treat it as a prior offense.
In Missouri, Mo. Rev. Stat. § 557.011.2 allows a court to Suspend the imposition of sentence, with or without placing the person on probation. Suspended executions of sentence are considered to be final judgments by Missouri courts, while suspended impositions of sentence are not. However both suspended impositions of sentence and suspended executions of sentence qualify as prior convictions for purposes of 21 U.S.C.S. § 841(b)(1)(A).( Drug Offenses)[ United States v. Craddock, 593 F.3d 699, 701 (8th Cir. 2010)]
Suspended imposition of sentence is not an appealable order for purposes of direct appeal and is not a "judgment" for purposes of applying for trial de novo in circuit court.[ Evans v. State, 779 S.W.2d 253, 1989 Mo. App. LEXIS 1047 (Mo. Ct. App. 1989).]
Defendant who was convicted of careless and imprudent driving and received a suspended imposition of sentence cannot appeal his conviction. [State v. Sandbothe, 750 S.W.2d 664, 1988 Mo. App. LEXIS 576 (Mo. Ct. App. 1988).]
The following is an example of a State Statute ( Missouri) on SIS:
According to § 306.114 R.S.Mo. No person convicted of or pleading guilty to a violation of section 306.111 (Negligent operation of a vessel, operating a vessel while intoxicated, involuntary manslaughter with a vessel, assault with a vessel) or 306.112 (Operating vessel with excessive blood alcohol content) shall be granted a suspended imposition of sentence, unless such person is placed on probation for a minimum of two years and a record of the conviction or plea of guilty is entered into the records of the Missouri uniform law enforcement system maintained by the Missouri state highway patrol.
In Missouri no person found guilty of or pleading guilty to forcible rape or an attempt to commit forcible rape, forcible sodomy or an attempt to commit forcible sodomy shall be granted a suspended imposition of sentence or suspended execution of sentence.[§ 566.030 R.S.Mo.; § 566.060 R.S.Mo.]
