221.105. Boarding of prisoners--amount expended, how fixed, how paid, limit.
Boarding of prisoners--amount expended, how fixed, how paid, limit.
221.105. 1. The governing body of any county and of any city notwithin a county shall fix the amount to be expended for the cost ofincarceration of prisoners confined in jails or medium securityinstitutions. The per diem cost of incarceration of these prisonerschargeable by the law to the state shall be determined, subject to thereview and approval of the department of corrections.
2. When the final determination of any criminal prosecution shall besuch as to render the state liable for costs under existing laws, it shallbe the duty of the sheriff to certify to the clerk of the circuit court orcourt of common pleas in which the case was determined the total number ofdays any prisoner who was a party in such case remained in the county jail.It shall be the duty of the county commission to supply the cost per diemfor county prisons to the clerk of the circuit court on the first day ofeach year, and thereafter whenever the amount may be changed. It shallthen be the duty of the clerk of the court in which the case was determinedto include in the bill of cost against the state all fees which areproperly chargeable to the state. In any city not within a county it shallbe the duty of the superintendent of any facility boarding prisoners tocertify to the chief executive officer of such city not within a county thetotal number of days any prisoner who was a party in such case remained insuch facility. It shall be the duty of the superintendents of suchfacilities to supply the cost per diem to the chief executive officer onthe first day of each year, and thereafter whenever the amount may bechanged. It shall be the duty of the chief executive officer to bill thestate all fees for boarding such prisoners which are properly chargeable tothe state. The chief executive may by notification to the department ofcorrections delegate such responsibility to another duly sworn official ofsuch city not within a county. The clerk of the court of any city notwithin a county shall not include such fees in the bill of costs chargeableto the state. The department of corrections shall revise its criminal costmanual in accordance with this provision.
3. The actual costs chargeable to the state, including those incurredfor a prisoner who is incarcerated in the county jail because theprisoner's parole or probation has been revoked or because the prisonerhas, or allegedly has, violated any condition of the prisoner's parole orprobation, and such parole or probation is a consequence of a violation ofa state statute, or the prisoner is a fugitive from the Missouri departmentof corrections or otherwise held at the request of the Missouri departmentof corrections regardless of whether or not a warrant has been issued shallbe the actual cost of incarceration not to exceed:
(1) Until July 1, 1996, seventeen dollars per day per prisoner;
(2) On and after July 1, 1996, twenty dollars per day per prisoner;
(3) On and after July 1, 1997, up to thirty-seven dollars and fiftycents per day per prisoner, subject to appropriations, but not less thanthe amount appropriated in the previous fiscal year.
(L. 1976 H.B. 1130 § 2, A.L. 1979 H.B. 93, A.L. 1986 H.B. 969, A.L. 1990 S.B. 558, A.L. 1991 H.B. 566, A.L. 1995 H.B. 424, A.L. 1996 S.B. 781, A.L. 2006 S.B. 870)Effective 7-01-06