Effective - 28 Aug 2009
221.510. Pending outstanding warrants in MULES and NCIC systems, inquiry conducted, when (Jake's Law). — 1. Every chief law enforcement official, sheriff, jailer, administrator of a private jail, department of corrections official and regional jail district official shall conduct an inquiry of pending outstanding warrants for misdemeanors and felonies through the Missouri Uniform Law Enforcement System (MULES) and the National Crime Information Center (NCIC) System on all prisoners about to be released, whether convicted of a crime or being held on suspicion of charges.
2. No prisoner, whether convicted of a crime or being held on suspicion of any charge, shall be released or transferred from a correctional facility or jail to any other facility prior to having a local, state or federal warrant check conducted by a law enforcement official, sheriff, authorized member of a correctional facility or jail, or administrator of a private jail.
3. If any prisoner warrant check indicates outstanding charges or outstanding warrants from another jurisdiction, it shall be the duty of the official conducting the warrant check to inform the agency that issued the warrant that the correctional facility or jail has such prisoner in custody. That prisoner shall not be released except to the custody of the jurisdictional authority that had issued the warrant, unless the warrant has been satisfied or dismissed, or unless the warrant issuing agency has notified the correctional facility or jail holding the prisoner that the agency does not wish the prisoner to be transferred or the warrant to be pursued.
4. If any person has actual knowledge that a violation of this section is occurring or has occurred, such person may report the information to the attorney general of the state of Missouri, who may appoint a sheriff of another county to investigate the report.
5. If a law enforcement official, sheriff, authorized member of the correctional facility or jail, or administrator of a private jail purposely fails to perform a warrant check with the intent to release a prisoner with outstanding warrants and which results in the release of a prisoner with outstanding warrants, that individual shall be guilty of a class A misdemeanor.
6. A law enforcement official, sheriff, authorized member of the correctional facility or jail, or administrator of a private jail shall not be deemed to have purposely failed to perform a warrant check with the intent to release a prisoner in violation of this section, if he or she is unable to complete the warrant check because the MULES or NCIC computer systems were not accessible.
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(L. 2001 H.B. 144 & 46, A.L. 2009 S.B. 44)
Structure Missouri Revised Statutes
Title XIII - Correctional and Penal Institutions
Chapter 221 - Jails and Jailers
Section 221.020 - Sheriffs to be jailers, exception, Clay County.
Section 221.030 - Coroner to be jailer, when.
Section 221.050 - Separation of prisoners.
Section 221.060 - Prisoners to have certain privileges.
Section 221.065 - Feminine hygiene products, available at no cost to female persons in custody.
Section 221.070 - Prisoners liable for cost of imprisonment — certification of outstanding debt.
Section 221.080 - County commission to bear certain expenses.
Section 221.120 - Medicine and medical attention for prisoners, definitions.
Section 221.122 - Repayment for medical care to be term of probation, parole or conditional release.
Section 221.125 - Suspension of MO HealthNet medical assistance in lieu of termination, when.
Section 221.130 - Contagious disease — certification of physician — order for removal.
Section 221.150 - Shackling of prisoner, how paid.
Section 221.160 - Criminal costs, how paid.
Section 221.230 - Jail of another county to be used, when.
Section 221.240 - Sheriff to take prisoners before circuit court.
Section 221.250 - Failure of sheriff to comply with section 221.240 — penalty.
Section 221.260 - Commitment from another county, expenses, how paid.
Section 221.270 - Jailer to receive and keep United States prisoners.
Section 221.280 - Penalty for failure to receive and keep United States prisoners.
Section 221.290 - United States to pay for use of jails.
Section 221.300 - Grand jury to visit jail, when.
Section 221.310 - Humane treatment of prisoners.
Section 221.320 - Board of visitors — appointment — terms.
Section 221.330 - Organization of board.
Section 221.340 - Duties of board.
Section 221.350 - Board to make yearly report.
Section 221.353 - Damage to jail property, class E felony.
Section 221.402 - Regional jail districts, powers.
Section 221.405 - Commission — members, vacancies, budget.
Section 221.410 - Powers, duties.
Section 221.415 - Director, duties — salary.
Section 221.420 - Use of regional jail, purpose — county may keep its own jail.
Section 221.430 - District income, distribution upon dissolution.