reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.827 - Definitions.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 1995
As used in sections 217.825 to 217.841, the following terms shall mean:
(1) (a)
"Assets"
, property, tangible or intangible, real or personal, belonging to or due an offender or a former offender, including income or payments to such offender from Social Security, workers' compensation, veterans' compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, or from any other source whatsoever, including any of the following:
a. Money or other tangible assets received by the offender as a result of a settlement of a claim against the state, any agency thereof, or any claim against an employee or independent contractor arising from and in the scope of said employee's or contractor's official duties on behalf of the state or any agency thereof;
b. A money judgment received by the offender from the state as a result of a civil action in which the state, an agency thereof or any state employee or independent contractor where such judgment arose from a claim arising from the conduct of official duties on behalf of the state by said employee or subcontractor or for any agency of the state;
c. A current stream of income from any source whatsoever, including a salary, wages, disability, retirement, pension, insurance or annuity benefits or similar payments;
(b)
"Assets"
shall not include:
a. The homestead of the offender up to fifty thousand dollars in value;
b. Money saved by the offender from wages and bonuses up to two thousand five hundred dollars paid the offender while he or she was confined to a state correctional center;
(2)
"Cost of care"
, the cost to the department of corrections for providing transportation, room, board, clothing, security, medical, and other normal living expenses of offenders under the jurisdiction of the department, as determined by the director of the department;
(3)
"Department"
, the department of corrections of this state;
(4)
"Director"
, the director of the department;
(5)
"Offender"
, any person who is under the jurisdiction of the department and is confined in any state correctional center or is under the continuing jurisdiction of the department;
(6)
"State correctional center"
, a facility or institution which houses an offender population under the jurisdiction of the department. State correctional center includes a correctional camp, community correction center, honor center, or state prison.
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(L. 1988 H.B. 1340 & 1348 § 2, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)
(2003) Assets available for reimbursement to state do not include portion of judgment equal to attorney fees and expenses incurred in securing judgment. State ex rel. Nixon v. Karpierz, 105 S.W.3d 487 (Mo.banc).
(2008) Section's definition of assets is not void for vagueness. State ex rel. Nixon v. Peterson, 253 S.W.3d 77 (Mo.banc).
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.829 - Assets to be listed by prisoners on form under oath — failure to comply, effect — department to request assignments.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 2021, 2 histories
217.829. Assets to be listed by prisoners on form under oath — failure to comply, effect — department to request assignments. —
1. The department shall develop a form which shall be used by the department to obtain information from all offenders regarding their assets.
2. The form shall be submitted to each offender as of the date the form is developed and to every offender who thereafter is sentenced to imprisonment under the jurisdiction of the department. The form may be resubmitted to an offender by the department for purposes of obtaining current information regarding assets of the offender.
3. Every offender shall complete the form or provide for completion of the form and the offender shall swear or affirm under oath that to the best of his or her knowledge the information provided is complete and accurate. Any person who shall knowingly provide false information on said form to state officials or employees shall be guilty of the crime of making a false affidavit as provided by section 575.050.
4. Failure by an offender to fully, adequately and correctly complete the form may be considered by the parole board for purposes of a parole determination, and in determining an offender's parole release date or eligibility and shall constitute sufficient grounds for denial of parole.
5. Prior to release of any offender from imprisonment, and again prior to release from the jurisdiction of the department, the department shall request from the offender an assignment of ten percent of any wages, salary, benefits or payments from any source. Such an assignment shall be valid for the longer period of five years from the date of its execution, or five years from the date that the offender is released from the jurisdiction of the department or any of its divisions or agencies. The assignment shall secure payment of the total cost of care of the offender executing the assignment. The restrictions on the maximum amount of earnings subject to garnishment contained in section 525.030 shall apply to earnings subject to assignments executed pursuant to this subsection.
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(L. 1988 H.B. 1340 & 1348 § 3, A.L. 1995 H.B. 424, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › 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.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 1995
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.).
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.833 - Percent of offender's assets that may be used for reimbursement — limitation.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 1995
217.833. Percent of offender's assets that may be used for reimbursement — limitation. —
1. Not more than ninety percent of the value of the assets of the offender may be used for purposes of securing costs and reimbursement pursuant to the provisions of sections 217.825 to 217.841.
2. The amount of reimbursement sought from an offender shall not be in excess of the per capita cost for care for maintaining offenders in the state correctional center in which the offender is housed for the period or periods such offender is an offender in a state correctional center.
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(L. 1988 H.B. 1340 & 1348 § 5 subsecs. 3, 4, A.L. 1995 H.B. 424)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.837 - Legal remedies authorized to protect assets of prisoner — execution against homestead of prisoner prohibited — state's claim to have priority.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 1988
217.837. Legal remedies authorized to protect assets of prisoner — execution against homestead of prisoner prohibited — state's claim to have priority. —
1. Except as provided in subsection 3 of this section, the attorney general may use any remedy, interim order, or enforcement procedure allowed by law or court rule including an ex parte restraining order to restrain the prisoner or any other person or legal entity in possession or having custody of the estate of the prisoner from disposing of certain property in avoidance of an order issued pursuant to the provisions of section 217.835.
2. To protect and maintain assets pending resolution of proceedings initiated pursuant to the provisions of section 217.835, the court, upon request, may appoint a receiver.
3. The attorney general or a prosecuting attorney shall not enforce any judgment obtained pursuant to the provisions of section 217.835 by means of execution against the homestead of the prisoner.
4. The state's right to recover the cost of incarceration pursuant to an order issued pursuant to the provisions of section 217.835 shall have priority over all other liens, debts, or other incumbrances against real property or any other assets which are part of a prisoner's estate.
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(L. 1988 H.B. 1340 & 1348 § 7)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.839 - Attorney general's powers and duties — assistance by certain officials required.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 1995
217.839. Attorney general's powers and duties — assistance by certain officials required. —
1. The attorney general of this state shall enforce the provisions of sections 217.825 to 217.841, except that the attorney general may request the prosecuting attorney of the county or city in which the offender was sentenced or the prosecuting attorney of the county or city in which any asset of an offender is located to make an investigation or assist in legal proceedings undertaken pursuant to the provisions of sections 217.825 to 217.841.
2. The sentencing judge, the sheriff, the county or city, the chief administrator of the state correctional center, and the state treasurer shall furnish to the attorney general or prosecuting attorney all information and assistance possible to enable the attorney general or prosecuting attorney to secure reimbursement for the state pursuant to the provisions of sections 217.825 to 217.841.
3. Notwithstanding the provisions of any other law protecting the confidentiality of any information possessed by the state, its officials and agencies, the secretary of state, the director of the department of revenue, the director of the department of social services, the director of the department of corrections, the director of the department of labor and industrial relations, the director of the department of public safety, and the commissioner of administration, and each division or agency within or assigned to such departments, shall provide the attorney general or prosecuting attorney with all information requested pursuant to the provisions of sections 217.825 to 217.841.
4. Any county or municipal official having custody of records of the estate or real property of any offender or former offender shall surrender said records or certified copies thereof without fee to the attorney general or prosecuting attorney who request such records pursuant to the provisions of sections 217.825 to 217.841.
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(L. 1988 H.B. 1340 & 1348 § 8, A.L. 1995 H.B. 424)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.841 - Costs of investigation, how paid — deposit of reimbursement — fund, created — state treasurer, duties.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 1995
217.841. Costs of investigation, how paid — deposit of reimbursement — fund, created — state treasurer, duties. —
1. The costs of any investigations shall be paid from the reimbursements secured pursuant to the provisions of sections 217.825 to 217.841. The investigative costs shall be presumed to be twenty percent of the reimbursements recovered, unless the attorney general shall demonstrate to the court otherwise. All reimbursements collected shall be paid to the "Inmate Incarceration Reimbursement Act Revolving Fund", which is hereby established in the state treasury. Moneys in the inmate incarceration reimbursement act revolving fund shall be appropriated to the attorney general in order to defray the costs of the attorney general in connection with his duties provided by sections 217.825 to 217.841; and all remaining balances shall be appropriated to the department for purposes of construction and operation of state correctional facilities. The provisions of section 33.080 notwithstanding, moneys in the inmate incarceration reimbursement act revolving fund shall not lapse, be transferred or appropriated to or placed to the credit of the general revenue fund or any other fund of the state.
2. The state treasurer may determine the amount due the state for the cost of care of an offender and render statements thereof and such sworn statements shall be considered prima facie evidence of the amount due.
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(L. 1988 H.B. 1340 & 1348 § 9, A.L. 1995 H.B. 424)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.845 - CARES Act moneys received by offender for COVID-19 to be used for restitution.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
Effective - 28 Aug 2021
217.845. CARES Act moneys received by offender for COVID-19 to be used for restitution. —
Notwithstanding any provision of law to the contrary, any funds received by an offender from the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub. L. 116-136, or any subsequent federal stimulus funding relating to severe acute respiratory syndrome coronavirus 2 or a virus mutating therefrom, shall be used by the offender to make restitution payments ordered by a court resulting from a conviction of a violation of any local, state, or federal law.
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(L. 2021 S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.930 - Suspension of MO HealthNet medical assistance in lieu of termination, when.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
Effective - 28 Aug 2019
217.930. Suspension of MO HealthNet medical assistance in lieu of termination, when. —
1. (1) Medical assistance under MO HealthNet shall be suspended, rather than cancelled or terminated, for a person who is an offender in a correctional center if:
(a) The department of social services is notified of the person's entry into the correctional center;
(b) On the date of entry, the person was enrolled in the MO HealthNet program; and
(c) The person is eligible for MO HealthNet except for institutional status.
(2) A suspension under this subsection shall end on the date the person is no longer an offender in a correctional center.
(3) Upon release from incarceration, such person shall continue to be eligible for receipt of MO HealthNet benefits until such time as the person is otherwise determined to no longer be eligible for the program.
2. The department of corrections shall notify the department of social services:
(1) Within twenty days after receiving information that a person receiving benefits under MO HealthNet is or will be an offender in a correctional center; and
(2) Within forty-five days prior to the release of a person who is qualified for suspension under subsection 1 of this section.
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(L. 2019 S.B. 514)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.940 - Nursery program to be established, purpose — definitions.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 2022
217.940. Nursery program to be established, purpose — definitions. —
1. This act
*
establishes the "Correctional Center Nursery Program". The department of corrections shall, subject to appropriations, establish a correctional center nursery in one or more of the correctional centers for women operated by the department, no later than July 1, 2025. The purpose of the correctional center nursery program is for bonding and unification between the mother and child. The program shall allow eligible inmates and children born from them while in the custody of the department to reside together in the institution for up to eighteen months post-delivery. In establishing this program, neither the inmate's participation in the program nor any provision of sections 217.940 to 217.947 shall affect, modify, or interfere with the inmate's custodial rights to the child nor does it establish legal custody of the child with the department.
2. As used in sections 217.940 to 217.947, the following terms shall mean:
(1)
"Correctional center nursery program"
, the program authorized by sections 217.940 to 217.947;
(2)
"Department"
, the department of corrections;
(3)
"Public assistance"
, all forms of assistance, including monetary assistance from any public source paid either to the mother or child or any other person on behalf of the child;
(4)
"Support"
, the payment of money, including interest:
(a) For a child or spouse ordered by a court of competent jurisdiction, whether the payment is ordered in an emergency, temporary, permanent, or modified order, the amount of unpaid support shall bear simple interest from the date it accrued, at a rate of ten dollars upon one hundred dollars per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time;
(b) To third parties on behalf of a child or spouse, including, but not limited to, payments to medical, dental or educational providers, payments to insurers for health and hospitalization insurance, payments of residential rent or mortgage payments, payments on an automobile, or payments for day care; or
(c) For a mother, ordered by a court of competent jurisdiction, for the necessary expenses incurred by or for the mother in connection with her confinement or of other expenses in connection with the pregnancy of the mother.
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(L. 2022 S.B. 683)
* "This act" contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.941 - Eligibility, placement, and program capacity.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 2022
217.941. Eligibility, placement, and program capacity. —
1. An inmate is eligible to participate in the correctional center nursery program if:
(1) She delivers the child while in the custody of the department;
(2) She is expected to give birth or gives birth on or after the date the program is implemented;
(3) She has a presumptive release date established by the parole board of eighteen months or less from the date she applies to participate in the program;
(4) She has not pled guilty to or been convicted of a dangerous felony as defined in section 556.061;
(5) She has not pled guilty to or been convicted of any sexual offense contained in chapter 566 where the victim of the crime was a minor;
(6) She has not pled guilty to or been convicted of an offense against the family contained in chapter 568, excluding criminal nonsupport; and
(7) She and the child meet any other criteria established by the department.
2. Placement into the program shall be by internal classification of the department. A sentencing court is without jurisdiction to order a placement of an inmate into the program.
3. Program capacity shall be determined by the department.
4. Upon first release of the mother and child, the child shall not be eligible to return to the program if the mother is revoked or receives a new assignment to the department of corrections.
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(L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.942 - Written agreement, contents — program policy required.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 2022
217.942. Written agreement, contents — program policy required. —
1. To participate in the correctional center nursery program, each eligible inmate selected by the department shall agree in writing to:
(1) Comply with all department policies, procedures and other requirements related to the corrections nursery program and rules that apply to all incarcerated offenders generally;
(2) If eligible, have the child participate in the state children's health insurance program under sections 208.631 to 208.658;
(3) Abide by any court decisions regarding the allocation of parental rights and responsibilities with respect to the child; and
(4) Specify with whom the child is to be placed in the event the inmate's participation in the program is terminated for a reason other than release from imprisonment.
2. The department shall be required to establish policy for the operation of the program.
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(L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.943 - Termination of participation, when.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 2022
217.943. Termination of participation, when. —
An inmate's participation in the correctional center nursery program may be terminated by the department if one of the following occurs:
(1) The inmate fails to comply with the agreement entered into under section 217.942;
(2) The inmate violates an institutional rule that results in alternative housing placement outside of the area designated for the program;
(3) The inmate's child becomes seriously ill, cannot receive the necessary medical care, or otherwise cannot safely participate in the program;
(4) A court of competent jurisdiction grants custody of the child to a person other than the inmate;
(5) A court of competent jurisdiction issues an order regarding the child granting temporary, permanent, or legal custody of the child to a person other than the inmate, or to a public children services agency or private child-placing agency; or
(6) The inmate is released from imprisonment.
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(L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.944 - Child support payments, collected and deposited — monetary donations to program permitted.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 2022
217.944. Child support payments, collected and deposited — monetary donations to program permitted. —
1. The division of child support enforcement shall collect support payments made pursuant to the assignment and forward them to the department for deposit into the inmate's inmate banking account.
2. The department may accept monetary and property donations on behalf of the program.
3. All donations accepted by the department for the correctional center nursery program shall be used solely for any expenses relating to the operation and maintenance of the program.
4. No donations of property shall be made on behalf of one particular inmate or child to be used while incarcerated.
5. Financial donations, public assistance, or support for a specific inmate or child shall be made through the inmate banking system.
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(L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.945 - Correctional center nursery program fund created, use of moneys.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 2022
217.945. Correctional center nursery program fund created, use of moneys. —
1. There is hereby created in the state treasury the "Correctional Center Nursery Program Fund", which shall consist of money collected under this section and section 217.944 as well as any appropriations made by the general assembly. The department shall obtain sufficient resources to initiate and maintain the program and may accept gifts, grants, and donations of any kind. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and money in the fund shall be used solely by the department for the purposes of operating and maintaining sections 217.940 to 217.947.
2. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
3. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
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(L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.946 - Regulation and oversight by other agencies subject to department consent.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 2022
217.946. Regulation and oversight by other agencies subject to department consent. —
Notwithstanding any other provision of law to the contrary, neither the correctional center nursery program nor the department, with respect to the program, is subject to any regulation, licensing or oversight by the department of health and senior services, department of social services, children's division, juvenile officer of any jurisdiction or the office of childhood unless the department voluntarily agrees to services, regulation, licensing, or oversight from any of the aforementioned entities.
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(L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.947 - Sovereign immunity in effect — program not a waiver, not considered a dangerous condition.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
• Effective - 28 Aug 2022
217.947. Sovereign immunity in effect — program not a waiver, not considered a dangerous condition. —
The operation of a correctional center nursery program established under sections 217.940 to 217.947 and the presence of children of inmates participating in the correctional center nursery program shall not be considered a dangerous condition that would result in a waiver of sovereign immunity under section 537.600. The sovereign immunity provisions of section 537.600 and any other statute regarding the sovereign immunity of the state or public entities in existence as of August 28, 2022, shall remain in effect and shall be applied in the same manner as such provisions were applied prior to the establishment of the correctional center nursery program under sections 217.940 to 217.947.
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(L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.011 - Definitions.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 2015
219.011. Definitions. —
1. As used in this chapter, unless the context clearly indicates otherwise, the following terms mean:
(1)
"Aftercare supervision"
, treatment and control of children in the community under the jurisdiction of the division;
(2)
"Board"
, the state advisory board of youth services;
(3)
"Child"
, a person under eighteen years of age;
(4)
"Commit"
, to transfer legal and physical custody;
(5)
"Community based treatment"
, a treatment program which is locally or regionally based;
(6)
"Department"
, the department of social services;
(7)
"Director"
, the director of the division of youth services;
(8)
"Division"
, the division of youth services (DYS);
(9)
"Youth"
, a person under twenty-one years of age committed to the custody of the division of youth services.
2. When consistent with the intent of this chapter, the singular includes the plural, the plural the singular and the masculine the feminine.
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(L. 1975 S.B. 170 § 1, A.L. 1989 H.B. 502, et al., A.L. 2015 H.B. 1149)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.023 - Youth services products fund created for supplies of materials used in making products sold by youth in custody of division of youth services.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 2003
219.023. Youth services products fund created for supplies of materials used in making products sold by youth in custody of division of youth services. —
Any products made by youth in a program or facility established by the division of youth services pursuant to section 219.021 which are suitable for sale may be offered for sale to the public by the division at a price not to exceed one hundred ten percent of the actual cost of supplies and materials used in making such products. Any proceeds received by the division from the sale of products pursuant to this section shall be deposited in the "Youth Services Products Fund" which is hereby established in the state treasury. Moneys in the fund shall be used solely to replenish the supply of materials used in making such products.
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(L. 2003 H.B. 356)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.026 - Release on aftercare supervision authorized — procedures authorized when child violates conditions of release — termination of supervision, when.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 1987
219.026. Release on aftercare supervision authorized — procedures authorized when child violates conditions of release — termination of supervision, when. —
1. Subject to the provisions of subsection 1 of section 219.021, the division is authorized to release on aftercare supervision children committed to its control; to impose conditions upon which aftercare supervision is granted; to revoke and terminate aftercare supervision; and to discharge from legal custody. With respect to any child who has been placed on aftercare supervision, if in the opinion of the child's aftercare supervisor or a designated employee of the division the child is in substantial violation of the terms and condition of his release, such employee may:
(1) Notify the child and his parents or guardian of a hearing to determine if there is reasonable grounds to believe the child has violated the conditions of his release; and may also
(2) Take the child immediately into custody and place him in an appropriate residential child caring facility or detention facility or other appropriate program until a prompt determination as to the child's future care and treatment is made by the director, if the employee has reason to believe that permitting the child to remain in his own home would be dangerous to him or to the community or that the child is about to flee the jurisdiction of the court.
2. The hearing referred to in subdivision (1) of subsection 1 of this section shall be heard by an employee designated by the director, but not the employee requesting the hearing, and shall afford the child and his parents or guardian and their legal counsel, if any, full opportunity to be heard and to present any information as may be deemed relevant and shall be held as near as practicable to the child's county or residence.
3. The child or his parents or guardian may request a rehearing before the director as provided in section 219.051.
4. When called upon by any designated employee of the division, all peace officers shall assist in taking a child into custody pursuant to the provisions of this section.
5. All law enforcement agencies shall detain, upon request, children alleged by the division to have violated the conditions of aftercare supervision pending return of the child to the division. Detention of the child shall be in an appropriate facility and until a hearing is held, but in no event, longer than ten days.
6. The division shall terminate the supervision of any child placed on aftercare supervision upon determining the child is no longer in need of supervision or upon his eighteenth birthday. The division shall immediately notify in writing the child, his parents or guardian and the committing court of the termination of its supervision over the child.
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(L. 1975 S.B. 170 § 5, A.L. 1987 S.B. 244)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.031 - Director of division, how appointed, compensation and expenses.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 1975
219.031. Director of division, how appointed, compensation and expenses. —
1. The division shall be administered by a director who shall be appointed by the director of the department.
2. The director shall be a resident of the state of Missouri while serving as director. The director shall have broad experience and demonstrated expertise in the development, operation, and administration of programs for children and shall be selected for his recognized ability, character and integrity.
3. Before entering upon his duties, the director shall take an oath or
*
affirmation to support the Constitution of the United States and of the state of Missouri and to faithfully perform the duties of his office; and shall enter into good and sufficient corporate surety bond, conditioned upon the faithful performance of his duties, said bond to be approved by the attorney general as to form, and by the governor as to sufficiency; the premium on the bond to be paid by the state.
4. The director shall devote full time to his official duties.
5. The director shall receive as his total compensation an annual salary in an amount to be determined by the department director and shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of his official duties.
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(L. 1975 S.B. 170 § 6)
*Word "of" appears in original rolls.
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.046 - Board — number, qualifications, terms, oaths, duties.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 1975
219.046. Board — number, qualifications, terms, oaths, duties. —
1. The board shall have such specific authority and responsibility as defined in sections 219.011 to 219.086 and the general authority to advise the director, the legislature and the general public on all matters pertaining to the purposes of sections 219.011 to 219.086 and the operation of the division. The board shall consist of fifteen members who shall be appointed by the director of the department.
2. The membership shall be comprised of public officials, professionals, and representatives of the general public who possess knowledge and experience in health, education, social, correctional, or legal services for children. The membership shall be representative of the various geographic regions and socioeconomic population of the state. Members of the board shall be residents of the state of Missouri. Not more than eight members of the board shall be from the same political party. The members of the board holding office on September 28, 1975, shall continue in office until the expiration of the term to which they were appointed. The director of the department shall appoint those members to be appointed after September 28, 1975, for staggered terms so not more than one-third of the terms of the board members shall expire in any one calendar year. The terms of the members first appointed after September 28, 1975, shall commence on July 1, 1976. As the terms of office of the members in office on September 28, 1975, and of the members appointed after September 28, 1975, expire, their successors shall be appointed for a term of four years.
3. Before entering upon their duties, members of the board shall subscribe to an oath or
*
affirmation to support the Constitution of the United States and of the state of Missouri and to faithfully perform the duties of their office.
4. The board shall meet with the director a minimum of four times each year for the purpose of reviewing the activities of the division. The board or a committee thereof shall visit each facility of the division as frequently as it deems necessary and shall file a written report with the governor, director, director of the department and the legislative library regarding conditions they observed relating to the care and treatment of children assigned to the facility and any other matters pertinent in their judgment.
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(L. 1975 S.B. 170 § 9)
*Word "of" appears in original rolls.
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.048 - Board and commission members may contribute per diem or expenses for services to the youth services treatment fund — fund established — procedure to contribute.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 1997
219.048. Board and commission members may contribute per diem or expenses for services to the youth services treatment fund — fund established — procedure to contribute. —
1. Any person serving as a member of a board or commission may indicate that such member wishes to contribute all or any part of the per diem or expense reimbursement received for such service on the board or commission to a fund to be administered by the division of youth services for the counseling, treatment and therapy of children who have been sexually, physically or emotionally abused. The office of administration shall design vouchers for the payment of the per diem or expense reimbursement to allow the person to designate if all or part of the money the person is entitled to receive is to be deposited in the "Youth Services Treatment Fund", which is hereby created in the state treasury. All per diem and expense reimbursement amounts which are contributed shall be deposited with the state treasurer in the fund. The division of youth services advisory board created in chapter 219 shall make recommendations to the governor and the department of social services for the expenditure of the money in the fund.
2. Notwithstanding the provisions of section 33.080, moneys in the fund at the end of any biennium shall not be transferred to the general revenue fund.
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(L. 1997 H.B. 641 & 593 § 3)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.051 - Right of petition — duty of director on receipt of petition.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 1975
219.051. Right of petition — duty of director on receipt of petition. —
1. Any child committed to the division and the parent or guardian of such child shall be informed of their right to petition the director in accordance with promulgated rules and regulations for a hearing with respect to:
(1) The failure to examine such child in accordance with the provisions of subsection 3 of section 219.021;
(2) The failure to reexamine such child within six months after a previous examination, in accordance with the provisions of subsection 5 of section 219.021;
(3) Any placement decision required to be made by the division pursuant to the provisions of sections 219.011 to 219.086;
(4) A request to the director for a rehearing from a determination of violations of the terms and conditions of a child's aftercare supervision, as provided in section 219.026; and
(5) The taking of such child into custody for violations of the terms and conditions of his aftercare supervision as provided in section 219.026.
2. The director shall within thirty days of the receipt of such petition, afford such child or his parents, guardian, or legal counsel an opportunity for a full and fair hearing, and render a decision on the petition within five days after the conclusion of such hearing.
3. Pending the determination by the director with respect to a petition for review filed pursuant to the provisions of subsection 1 of this section, the authority of the division to take such action, in accordance with the provisions of sections 219.011 to 219.086 with respect to such child, shall in no wise be affected.
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(L. 1975 S.B. 170 § 10)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.056 - Health care standards to be established by department of health and senior services — educational standards to be established by department of elementary and secondary education.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 1975
219.056. Health care standards to be established by department of health and senior services — educational standards to be established by department of elementary and secondary education. —
1. It shall be the duty of the department of health and senior services to set standards of health care in the facilities operated by the division, to inspect buildings from the standpoint of health, and to make periodic inspections and reports in writing to the director as to the conditions of health and sanitation in the facilities under the jurisdiction of the division. Any findings considered by the department of health and senior services to be detrimental to the health or welfare of a child committed to the division shall be immediately reported to the director and the director of the department of social services with the date by which such condition must be corrected or eliminated.
2. It shall be the duty of the department of elementary and secondary education to set standards of education and school attendance in the facilities of the division, make periodic inspections and prepare evaluations of curricula, and to have such authority over the educational programs as the department has in its administration of the public school system. Reports of all such inspections and evaluations shall be sent to the director, the director of the department and the advisory board.
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(L. 1975 S.B. 170 § 11)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.061 - Aiding runaway, penalty — peace officers, duty of — records confidential, exceptions, penalty for divulging — division may sue for damages.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 1994
219.061. Aiding runaway, penalty — peace officers, duty of — records confidential, exceptions, penalty for divulging — division may sue for damages. —
1. Any person who knowingly permits or aids any child to run away from an institution under the control of the division or conceals the child with intent of enabling him to elude pursuit is guilty of a misdemeanor, and upon conviction, shall be punished as provided by law.
2. It shall be the duty of every law enforcement official, and any official who is designated by the division, to detain, with or without a warrant, any child who shall have run away from a facility and to hold him subject to the orders of the division.
3. Disclosure of any information contained in the records of the division relating to any child committed to it shall be made only in accordance with regulations prescribed by the division, provided that such regulations shall provide for full disclosure of such information to the parents or guardians, or if they be out of this state to the nearest immediate relative of such child, upon reasonable notice and demand and to the child fatality review panel reviewing the death of a child pursuant to section 210.192. Any employee or officer of the division who shall communicate any such information in violation of any such regulations may be subject to immediate discharge.
4. For all damages to the division or to any property, real or personal, belonging thereto, actions may be maintained in the name of the division as such, and all damages levied in such actions shall be paid into the state treasury and, upon appropriation, shall be used by the division.
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(L. 1975 S.B. 170 § 12, A.L. 1994 S.B. 595)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 219 - Youth Services › Section 219.066 - Medical and dental treatment authorized, when.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 219
• Effective - 28 Aug 1975
219.066. Medical and dental treatment authorized, when. —
1. Except in case of emergency, the division shall not authorize or permit any major surgery to be performed upon or general anesthetic to be administered to any child committed to the division unless specific written consent thereto shall first have been obtained from the parent or guardian of such child, or, in the absence of such consent, from the court which vested legal custody of such child in the division or any court that has jurisdiction.
2. Upon the recommendation of an attending physician, psychiatrist, surgeon or dentist, the division may authorize medical, psychiatric, surgical, or dental care and treatment as may be required by the child. If the care and treatment is contrary to the religious tenets and beliefs of such child, the treatment of the child may be authorized by the division only upon the specific written consent of the parent or guardian of the child, or, in the absence of such consent, upon the specific written order of the court which vested legal custody of the child in the division or any court that has jurisdiction.
3. When the child has been placed by the division in a residential child caring facility, other than one administered by the division, the person or persons administering such facility shall have the authority to provide the child with necessary medical, psychiatric, surgical, or dental care only to the extent that such authority has been delegated to such persons with respect to particular children and subject to the same limitations as are applicable to the division under sections 219.011 to 219.086.
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(L. 1975 S.B. 170 § 13)