Section 550.320

Title XXXVII CRIMINAL PROCEDURE

Chapter 550

Effective - 28 Aug 2025, see footnote   

  550.320.  Jail reimbrusement, department to pay per diem cost to counties, when. — 1.  As used in this section, the following terms shall mean:

  (1)  "Department", the department of corrections of the state of Missouri;

  (2)  "Jail reimbursement", a daily per diem paid by the state for the reimbursement of time spent in custody.

  2.  Notwithstanding any other provision of law to the contrary, whenever any person is sentenced to a term of imprisonment in a correctional center, the department shall reimburse the county or city not within a county for the days the person spent in custody at a per diem cost, subject to appropriation, but not to exceed thirty-seven dollars and fifty cents per day per offender.  The jail reimbursement shall be subject to review and approval of the department.  The state shall pay the costs when:

  (1)  A person is sentenced to a term of imprisonment as authorized by chapter 558;

  (2)  A person is sentenced pursuant to section 559.115;

  (3)  A person has his or her probation or parole revoked because the offender has, or allegedly has, violated any condition of the offender's probation or parole, and such probation or parole is a consequence of a violation of the law, or the offender is a fugitive from the state or otherwise held at the request of the department regardless of whether or not a warrant has been issued; or

  (4)  A person has a period of detention imposed pursuant to section 559.026.

  3.  When the final determination of any criminal prosecution shall be such as to render the state liable for costs under existing laws, it shall be the duty of the office of the sheriff or the chief executive officer of the city not within a county to certify the total number of days any offender who was a party in such case remained in the jail and submit the total number of days spent in custody to the department.  The office of the sheriff or chief executive officer of the city not within a county may submit claims to the department, no later than two years from the date the claim became eligible for reimbursement.

  4.  The department shall determine if the expenses are eligible pursuant to the provisions of this chapter and remit any payment to the county or city not within a county when the expenses are determined to be eligible.  The department shall establish, by rule, the process for submission of claims.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2025, shall be invalid and void.

­­--------

(L. 2025 H.B. 199)