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Title XIII CORRECTIONAL AND PENAL INSTITUTIONS

Chapter 217

Effective - 28 Aug 1995 bottom

  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. — 1.  The director shall forward to the attorney general a report on each offender containing a completed form pursuant to the provisions of section 217.829 together with all other information available on the assets of the offender and an estimate of the total cost of care for that offender.

  2.  The attorney general may investigate or cause to be investigated all reports furnished pursuant to the provisions of subsection 1 of this section.  This investigation may include seeking information from any source that may have relevant information concerning an offender's assets.  The director shall provide all information possessed by the department and its divisions and agencies, upon request of the attorney general, in order to assist the attorney general in completing his duties pursuant to sections 217.825 to 217.841.

  3.  If the attorney general upon completing the investigation under subsection 2 of this section has good cause to believe that an offender or former offender has sufficient assets to recover not less than ten percent of the estimated cost of care of the offender or ten percent of the estimated cost of care of the offender for two years, whichever is less, or has a stream of income sufficient to pay such amounts within a five-year period, the attorney general may seek to secure reimbursement for the expense of the state of Missouri for the cost of care of such offender or former offender.

  4.  The attorney general, or any prosecuting attorney on behalf of the attorney general, shall not bring an action pursuant to this section against an offender or former offender after the expiration of five years after his release from the jurisdiction of the department.

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(L. 1988 H.B. 1340 & 1348 §§ 4, 5 subsecs. 1, 2, A.L. 1995 H.B. 424)

(1998) Prisoner's federal civil service pension was exempt under federal law.  State ex rel. Nixon v. McClure, 969 S.W.2d 801 (W.D.Mo.).

(2005) Ten percent threshold requirement in subsection 3 is a condition precedent to the discretionary filing of a petition by the Attorney General, and not a condition precedent to an actual reimbursement.  State ex rel. Nixon v. Koonce, 163 S.W.3d 603 (Mo.App.W.D.).


---- end of effective   28 Aug 1995 ----

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