Missouri Revised Statutes
Chapter 217 - Department of Corrections
Section 217.835 - Jurisdiction, certain circuit courts — service — hearing — support obligations of offender to be considered — court order to reimburse, when.

Effective - 28 Aug 1995
217.835. Jurisdiction, certain circuit courts — service — hearing — support obligations of offender to be considered — court order to reimburse, when. — 1. The circuit court shall have exclusive jurisdiction over all proceedings seeking reimbursement from offenders pursuant to the provisions of sections 217.825 to 217.841. The attorney general may file a complaint in the circuit court for the county or city from which a prisoner was sentenced or in the circuit court in the county or city of the office of the director of the department, against any person under the jurisdiction of the department stating that the person is or has been an offender in a state correctional center, that there is good cause to believe that the person has assets, and praying that the assets be used to reimburse the state for the expenses incurred or to be incurred, or both, by the state for the cost of care of the person as an offender.
2. Upon the filing of the complaint under subsection 1 of this section, the court shall issue an order to show cause why the prayer of the complainant should not be granted. The complaint and order shall be served upon the person personally, or, if the person is confined in a state correctional center, by registered mail addressed to the person in care of the chief administrator of the state correctional center where the person is housed, at least thirty days before the date of hearing on the complaint and order.
3. At the time of the hearing on the complaint and order, if it appears that the person has any assets which ought to be subjected to the claim of the state pursuant to the provisions of sections 217.825 to 217.841, the court shall issue an order requiring any person, corporation, or other legal entity possessed or having custody of such assets, to appropriate and apply such assets or a portion thereof to satisfy such claim.
4. At the hearing on the complaint and order and before entering any order on behalf of the state against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.
5. If the person, corporation, or other legal entity shall neglect or refuse to comply with an order issued pursuant to subsection 3 of this section, the court shall order the person, corporation, or other legal entity to appear before the court at such time as the court may direct and to show cause why the person, corporation, or other legal entity should not be considered in contempt of court.
6. If, in the opinion of the court, the assets of the prisoner are sufficient to pay the cost of the proceedings undertaken pursuant to the provisions of sections 217.825 to 217.841, the prisoner shall be liable for those costs upon order of the court.
­­--------
(L. 1988 H.B. 1340 & 1348 § 6, A.L. 1995 H.B. 424)
(2013) Language of section limits the State's recovery to the inmate's assets in existence at the time of the hearing. State ex rel. Koster v. Cowin, 390 S.W.3d 239 (Mo.App.W.D.).

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XIII - Correctional and Penal Institutions

Chapter 217 - Department of Corrections

Section 217.010 - Definitions.

Section 217.015 - Divisions created — sections authorized — purpose of department — women offender program established, purpose — advisory committee established, membership, purpose.

Section 217.020 - Department's powers and duties.

Section 217.021 - Community behavioral health program, purpose — department duties.

Section 217.022 - Prison impact statements, required, when.

Section 217.025 - Director of department, appointment, qualifications, bond, duties.

Section 217.030 - Directors of divisions, appointment — appointment of general personnel.

Section 217.035 - Director's powers and duties — deputy director, appointment, compensation, powers in absence or incapacity of director.

Section 217.040 - Rulemaking authority.

Section 217.043 - United States government, contract powers of department.

Section 217.045 - Federal funds, authority to receive — applications for funds, procedure.

Section 217.050 - Department to sue in name of director — interest authorized.

Section 217.055 - Volunteer program requirements — coverage as unpaid employees by legal expense fund and workers' compensation — use of state vehicles — expenses.

Section 217.070 - State auditor to have access to all records, confidentiality.

Section 217.075 - Offender records, public records, exceptions — inspection of, when — medical records, available, when — copies admissible as evidence — violations, penalty.

Section 217.080 - Department and division to maintain central office in Jefferson City.

Section 217.090 - Lease of buildings on grounds of correctional centers, when — compatibility with services of department required — procedure — bids required — cost — terms of lease — how executed.

Section 217.092 - Leased prison space, deposit of payments.

Section 217.095 - Condemnation powers, when, procedure.

Section 217.100 - Director may enter into agreement for services to department by other state departments or agencies.

Section 217.110 - Workers' compensation to cover all employees of the department.

Section 217.115 - Officers and employees, restrictions on business connections — conversion of department property prohibited, exception — violations, grounds for dismissal.

Section 217.120 - Bribery or receipt of gifts from prisoners by officers or employees of department, penalty — duty to report, failure, effect — director to investigate and report, when.

Section 217.125 - Offenders, labor restrictions.

Section 217.128 - Employee held hostage eligible for paid leave of absence.

Section 217.130 - Living quarters furnished to employees, fees.

Section 217.135 - Food furnished in correctional center, employees to purchase, exception.

Section 217.137 - Prisoner transfers by United States treaty with foreign governments — governor's powers — director's duties.

Section 217.138 - Construction of correctional centers by private entities for state and political subdivisions — housing of state's offenders in city or county jails, costs.

Section 217.139 - Sexual offenders of children, pilot treatment program — costs, how paid — department's duties — annual report.

Section 217.141 - Electrified security fence systems authorized.

Section 217.147 - Sentencing and corrections oversight commission, members, terms, duties, report, expiration date.

Section 217.151 - Restraints, use of on pregnant offenders — definitions — extraordinary circumstances — requirements.

Section 217.160 - Division director, power of appointment of certain personnel — qualifications — to be full-time employee.

Section 217.165 - Chief administrative officers of each correctional center, appointment.

Section 217.170 - Chief administrative officers, duties.

Section 217.175 - Rules and regulations, division director's authority to promulgate.

Section 217.180 - Annual report of division, contents.

Section 217.185 - Reports by chief administrative officers, monthly, to division director, contents.

Section 217.195 - Canteen to be established — inmate canteen fund established, purpose, moneys, how spent.

Section 217.197 - Offender personal property, allowed when — unauthorized property, disposition of.

Section 217.199 - Feminine hygiene products, available at no cost to female offenders.

Section 217.210 - Capacity of correctional centers, how determined — emergency assignment.

Section 217.220 - Death sentence commutation, admittance to correctional center.

Section 217.225 - Federal prisoners, admittance — escapees, how punished — neglect of federal prisoners, liability.

Section 217.230 - Health care services for correctional centers.

Section 217.235 - Chaplain, appointment or arrangement for religious services.

Section 217.240 - Food and clothing of offenders — food deprivation not to be used as punishment.

Section 217.245 - Medical excuse from participation in required activities, procedure.

Section 217.250 - Offender with terminal disease or advanced age where confinement will endanger or shorten life — certification to parole board, report to governor, procedure.

Section 217.255 - Compensation of offenders for labor, academic or vocational classes — hours of work, exceptions — payment to state or crime victims' compensation fund, when.

Section 217.260 - Earnings of offender, paid when — how used, payment to families, when — department powers.

Section 217.262 - Frivolous lawsuits, false testimony, abuse of judicial system by offender — sanctions.

Section 217.265 - Visitors, regulation of — clergymen's privileges.

Section 217.270 - Parole board to have access to offenders and records, when.

Section 217.275 - Carrying letters or writings without authorization prohibited, penalty.

Section 217.280 - Firearms may be carried by designated employees — powers of arrest and apprehension.

Section 217.285 - Clothing, money, transportation, return of personal property to discharged or paroled prisoners — exception.

Section 217.300 - Reception and diagnostic centers for classification of prisoners to be established.

Section 217.305 - Delivery of prisoners to correctional centers with certain required information.

Section 217.310 - Examination of new prisoners — identification data recorded.

Section 217.315 - System of identification, department to establish.

Section 217.320 - Identification systems, officers not liable for acts done in enforcing law.

Section 217.325 - Identification system mandatory.

Section 217.330 - Department to conduct tests — assignment of offender.

Section 217.335 - Classification teams, established — appointment, qualifications, duties.

Section 217.337 - Schedule of activities, work, and program, adherence to, exemption.

Section 217.343 - Emancipation of certain juvenile offenders for certain purposes.

Section 217.345 - First offenders — mandatory program — physical separation of offenders less than eighteen years of age — rules — contract for provision of services — evaluation process.

Section 217.350 - Transfer of offender, when.

Section 217.355 - Education programs established, what included, enrollment required, when.

Section 217.361 - Risk and need assessment tools — department procedures, duties.

Section 217.362 - Program for offenders with substance abuse addiction — eligibility, disposition, placement — completion, effect.

Section 217.364 - Offenders under treatment program, placement, rules — eligibility — use, purpose, availability — failure to complete.

Section 217.365 - Offenders not to carry money, exceptions, violations, treated as contraband.

Section 217.370 - Discipline and grievance procedures established — chief administrative officer to abide by.

Section 217.375 - Administrative segregation, grounds for — review hearing required — records to be kept — access to medical personnel.

Section 217.380 - Records of violations and convictions of offenders, information required — disciplinary segregation, hearing, time period.

Section 217.385 - Violence or injury to others or property by offender, penalty.

Section 217.390 - Escape, defined — penalty.

Section 217.395 - Escapee's apprehension — reward may be offered, limitations.

Section 217.400 - Furnishing unfit food to offenders, penalty.

Section 217.405 - Offender abuse, penalty — employees not to use physical force, exception.

Section 217.410 - Abuse of offender, duty to report, penalty — confidentiality of report, immunity from liability — harassment prohibited.

Section 217.412 - Autopsy required, when — reports to be maintained by department.

Section 217.415 - Disqualification from holding position in correctional facility, when.

Section 217.420 - Surgery, general anesthetic not authorized for offender without consent or court order, exceptions, emergencies — treatment against religious beliefs, when allowed.

Section 217.425 - Furlough of prisoners, when — time limitations, exceptions — waiver required, when — notice requirements.

Section 217.430 - Residential treatment centers and community based sanctions — assignment of offenders — contracts to establish, provisions, locations — payments, how made — inmates fund established, use — regulation of inmates.

Section 217.435 - Work or educational release program.

Section 217.437 - Work by offenders, not employment, when — benefitting entity immune from suit, exceptions.

Section 217.439 - Photograph of offender to be taken prior to release, when — provided to victim upon request.

Section 217.440 - Program of restorative justice, requirements.

Section 217.450 - Offender may request final disposition of pending indictment, information or complaint, how requested — director to notify offender of pending actions, failure to notify, effect.

Section 217.455 - Director of division of adult institutions to transmit information and request.

Section 217.460 - Trial to be held, when — failure, effect.

Section 217.465 - Escape by offender, effect of.

Section 217.470 - Transportation expenses, how paid.

Section 217.475 - Director of division of adult institutions to inform prisoner of the law in writing.

Section 217.480 - Uniformity of construction.

Section 217.485 - Title of the law.

Section 217.490 - Agreement on detainers adopted — compact text.

Section 217.495 - Appropriate court defined.

Section 217.500 - Enforcement and cooperation required of whom.

Section 217.505 - Compact not to require application of habitual offender law.

Section 217.510 - Escape by offender, effect on.

Section 217.515 - Chief administrative officer to deliver offender, when.

Section 217.520 - Governor to designate administrator.

Section 217.525 - Director authorized to contract with United States for stated purposes.

Section 217.530 - Convicted offender not to be transferred to state where wanted for crime.

Section 217.535 - Compact adopted — text — contract must comply.

Section 217.540 - Powers and duties of director, delegation authorized.

Section 217.541 - House arrest program, department to establish and regulate — limited release, when — arrest warrant may be issued by probation or parole officer, when — offenders to fund program.

Section 217.542 - Failure to return to house arrest, felony.

Section 217.543 - House arrest authorized for certain prisoners — jailer to establish program — remote electronic surveillance allowed — percentage of prisoner's wage to pay cost — violation penalty — (St. Louis City).

Section 217.550 - Prison industries and services program created — director to administer — approval required — report submitted to director, contents.

Section 217.555 - Advisory board, created, members, appointment, qualifications — duties — compensation.

Section 217.560 - Enterprise program diversification and purpose.

Section 217.565 - Director to provide plants, machinery and materials — distribution of products.

Section 217.567 - Director may contract with private entities for employment of inmates — leasing of correctional facility property — wages, director to set policies.

Section 217.570 - Sales of prison industry goods and services, procedure — open market sales, when.

Section 217.575 - Sales of goods or services to state or political subdivisions — promotion — price — certification of nonavailability required for state purchases, when.

Section 217.580 - Catalog of products furnished public officers — institutions to report estimates of needs.

Section 217.590 - Violations of sections 217.575 and 217.580, penalty.

Section 217.592 - Plasmapheresis program may be established as private enterprise on institution grounds — inmate employment, wages.

Section 217.595 - Working capital revolving fund created — source, uses — accounting, audit — transfer to general revenue prohibited.

Section 217.650 - Definitions.

Section 217.655 - Parole board, general duties — division duties.

Section 217.665 - Board members, appointment, qualifications — terms, vacancies — designation of chair and vice chair — compensation, expenses.

Section 217.670 - Decisions to be by majority vote — hearing panel, membership, duties — jurisdiction removal or appeal to board, when — decision to be final — closed meetings authorized — video conferencing.

Section 217.675 - Handbook of rules governing conduct of parolees furnished to whom, duties of board.

Section 217.680 - Offices, where located — space in correctional centers to be provided for hearings and interviews.

Section 217.682 - Secretary to be appointed, duties.

Section 217.690 - Board may order release or parole — assessment, personal hearing — fee — rules — eligibility for parole, how calculated — first degree murder, eligibility for hearing — hearing procedure — notice — special conditions — education req...

Section 217.692 - Eligibility for parole, offenders with life sentence, when — criteria — perjury, penalty.

Section 217.695 - Release from custody under supervision of division of probation and parole, registration with law enforcement officials required.

Section 217.703 - Earned compliance credits awarded, when.

Section 217.705 - Probation, parole, institutional parole, officers — appointment — duties.

Section 217.710 - Firearms, authority to carry, department's duties, training — rulemaking procedure.

Section 217.718 - Alternative to revocation proceedings, period of detention, requirements.

Section 217.720 - Arrest of person paroled or on conditional release — report — procedure — revocation of parole or release — effect of sentence — arrest of parolee from another state.

Section 217.722 - Probation officers, power to arrest, when — preliminary hearing allowed, when — notice to sentencing court.

Section 217.725 - Board may parole prisoner held on warrant.

Section 217.730 - Parole time as time of imprisonment, exception — final discharge — procedure to register to vote.

Section 217.735 - Lifetime supervision required for certain offenders — electronic monitoring — termination at age sixty-five permitted, when — rulemaking authority.

Section 217.750 - Probation services provided to circuit courts, when.

Section 217.755 - Probation services for courts, rules authorized.

Section 217.760 - Probation and parole officers furnished to circuit courts, when — presentence and preparole investigations — requirements.

Section 217.762 - Presentence investigation, required, when — victim impact statement, prepared when, contents.

Section 217.777 - Community corrections program alternative for eligible offenders, purpose — operation — rules — guidelines.

Section 217.785 - Postconviction drug treatment program, established, rules — required participation, completion — institutional phase — report.

Section 217.800 - Pardons by governor — conditions and restrictions — notice to central repository.

Section 217.805 - Governor may remit fine or forfeiture.

Section 217.810 - Interstate compact for supervision of parolees and probationers.

Section 217.825 - Citation of law.

Section 217.827 - Definitions.

Section 217.829 - Assets to be listed by prisoners on form under oath — failure to comply, effect — department to request assignments.

Section 217.831 - Director to report to attorney general on offender's assets and cost of care — attorney general's power to investigate and seek reimbursement, when.

Section 217.833 - Percent of offender's assets that may be used for reimbursement — limitation.

Section 217.835 - Jurisdiction, certain circuit courts — service — hearing — support obligations of offender to be considered — court order to reimburse, when.

Section 217.837 - Legal remedies authorized to protect assets of prisoner — execution against homestead of prisoner prohibited — state's claim to have priority.

Section 217.839 - Attorney general's powers and duties — assistance by certain officials required.

Section 217.841 - Costs of investigation, how paid — deposit of reimbursement — fund, created — state treasurer, duties.

Section 217.845 - CARES Act moneys received by offender for COVID-19 to be used for restitution.

Section 217.850 - Correctional center, unlawful use of unmanned aircraft over, offense of — permissible acts — violation, penalty — signage to be posted.

Section 217.930 - Suspension of MO HealthNet medical assistance in lieu of termination, when.

Section 217.940 - Nursery program to be established, purpose — definitions.

Section 217.941 - Eligibility, placement, and program capacity.

Section 217.942 - Written agreement, contents — program policy required.

Section 217.943 - Termination of participation, when.

Section 217.944 - Child support payments, collected and deposited — monetary donations to program permitted.

Section 217.945 - Correctional center nursery program fund created, use of moneys.

Section 217.946 - Regulation and oversight by other agencies subject to department consent.

Section 217.947 - Sovereign immunity in effect — program not a waiver, not considered a dangerous condition.