Missouri Code of State Regulations › Title 14 - DEPARTMENT OF CORRECTIONS › Division 80 - State Board of Probation and Parole › Chapter 5 - Intervention Fee › Section 14 CSR 80-5.020 - Intervention Fee Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The board is updating the language in
				  subsection (1)(F) and changing thirty (30) days to ninety (90) days in
				  subsection (1)(G).
(1) The
				following procedures apply to the collection of an offender intervention fee.
(A) Except as provided in subsections (1)(E),
				(F), (G), and (H), all offenders placed under probation, parole or conditional
				release supervision of the Board of Probation and Parole are required to pay an
				intervention fee in the amount set by the department not to exceed sixty
				dollars ($60) per month.
(B)
				Offenders shall be notified of the intervention fee in the following ways:
1. Offenders assigned to supervision on or
				after April 30, 2006, shall sign the revised Order of Probation/Parole which
				includes the standard condition requiring payment of the intervention fee;
				or
2. Offenders under supervision
				before April 30, 2006, should be issued a directive pursuant to Written
				Directive Condition #8, requiring payment of the intervention fee.
(C) Fees will be collected as
				follows:
1. Offenders shall be provided
				instructions on payment methods and procedures. Staff shall not accept money in
				any form from an offender;
2. The
				intervention fee shall be due on the first day of the first full month
				following placement under board supervision on probation, parole, or
				conditional release. Initial Parole or Conditional Releases are exempt for the
				first ninety (90) days. The fee shall be due thereafter on the first working
				day of each month until supervision is terminated;
3. Payments shall be deemed delinquent after
				the fifteenth day of the month, including the final month of
				supervision;
4. Payment vouchers,
				and payment instructions will be provided to the offender; and
5. Payment instructions to the offender will
				indicate the following:
A. Payments must be
				submitted directly to the designated collection authority. Probation and parole
				staff will not accept payments;
B.
				Only money orders, cashier's checks, or payment via an approved electronic
				payment service will be accepted. Personal checks and cash will not be
				accepted; and
C. The completed
				payment voucher shall accompany the payment.
(D) Should an offender be declared an
				absconder, intervention fees will continue to accrue until such time as the
				case is closed. If the case is active on or after the first day of the month in
				which the case is suspended and closed, the fee will be assessed for that
				month.
(E) Offenders will be exempt
				from paying intervention fees under the following circumstances:
1. Offenders released to parole or
				conditional release are exempt for the first ninety (90) days. At the ninety-
				(90-) day mark, the case will be reviewed. Should the offender not meet the
				criteria for a waiver, intervention fees will be assessed beginning with the
				first day of the month following the determination that an exemption or waiver
				is no longer approved. If the offender has a dual case, then exemptions still
				apply and monthly intervention fees do not accrue for ninety (90) days
				following release.
2. Specialty
				courts designated by the department, to include deferred prosecution cases are
				exempted from paying the intervention fee.
(F) If the case is an interstate transfer,
				once the offender departs Missouri and is accepted by the receiving state
				collection of intervention fees will be terminated.
(G) If an offender on probation, parole, or
				conditional release is subsequently confined in a jail or correctional facility
				for ninety (90) days or longer, the fee is suspended effective the thirty-first
				day of confinement. Fees shall resume on the first day of the month following
				release.
(H) If an offender is
				unable to pay because of having insufficient income, fees may be waived in
				whole or in part. In these cases, the following steps shall be taken:
1. Offenders, whose total verified income is
				at or below the insufficient income criteria, may be considered for a waiver.
				Unemployed offenders capable of being gainfully employed are not eligible for a
				waiver. An offender's income is considered insufficient if it is at or below
				the most recent Federal Poverty Guidelines issued by the U.S. Department of
				Health and Human Services. Income from all family members in the household is
				used to calculate whether the waiver is appropriate. If a person lives with his
				or her family, the combined income of all family members will be used
				(non-relatives, such as housemates, do not count). For a waiver to be
				considered, the offender must provide appropriate records to document household
				income.
2. Once the officer
				verifies the offender meets one (1) of the waiver criteria above, the officer
				will complete the Request for Waiver of Intervention Fees and submit it to the
				district administrator for approval.
3. If approved, waivers are valid for a
				maximum of ninety (90) days. The district administrator shall make the waiver
				entry into the computer system. If the officer determines the waiver should be
				renewed beyond that point, a new Request for Waiver of Intervention Fees must
				be submitted for approval. However, at any point the officer determines that
				the offender is again capable of paying monthly intervention fees, supervisory
				approval is not necessary to rescind the waiver.
(I) The following process for sanctions
				regarding nonpayment shall be applied:
1. The
				primary collection activity shall be the responsibility of Offender Financial
				Services;
2. Upon receiving
				notification from Offender Financial Services that an offender has failed to
				submit the intervention fee, the supervising officer will remind the offender
				of the payment obligation, during their next contact;
3. The supervising officer should direct the
				offender to specific programs or services that will assist him/her in
				addressing their inability to pay (i.e., financial management program,
				employment counseling and/or job seeking classes, substance abuse counseling,
				mental health counseling, etc.);
4.
				When willful nonpayment occurs over a period of ninety (90) consecutive days,
				the supervising officer shall submit notice of citation or violation
				report;
5. Sanctions for willful
				nonpayment of intervention fees include, but are not limited to the following:
A. Written reprimand from district
				administrator or parole board;
B.
				Travel restriction;
C. Community
				service;
D. Increased level of
				supervision; and
E. Shock
				Detention;
6. Unpaid
				intervention fees owed by offenders committed to the Division of Adult
				Institutions (DAI) will be collected from the inmate's account;
7. All intervention fees collected by the
				department will be deposited in the inmate fund established in section
				217.430,
				RSMo, with expenditures occurring as authorized through the state budget
				appropriation process; and
8.
				Offender Financial Services will send eligible debt, at least annually, to the
				Department of Revenue for income tax interception.