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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CORRECTIONAL AND PENAL INSTITUTIONS
Chapter : Chapter 221 Jails and Jailers
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Except as otherwise provided in this section and sections
221.400 to 221.420, the sheriff of each county in this state shall have
the custody, rule, keeping and charge of the jail within his county, and
of all the prisoners in such jail, and may appoint a jailer under him,
for whose conduct he shall be responsible. In any first class county
without a charter form of government which contains all or part of a city
with a population of at least three hundred thousand inhabitants, the
sheriff and the county commission, by mutual agreement, may have the
control of the county jail transferred to the county commission. (RSMo
1939 § 9195, A. 1949 S.B. 1071, A.L. 1989 S.B. 196, A.L. 1994 S.B. 520)
Prior revisions: 1929 § 8526; 1919 § 12551; 1909 § 1573
Effective 7-6-94
The sheriff may be imprisoned in the jail of his own county; and
for the time that he shall be confined, the coroner shall have the
custody, rule, keeping and charge of the said jail, and shall, by himself
and his sureties, be answerable for the faithful discharge of his duties
in that office. (RSMo 1939 § 9221)
Prior revisions: 1929 § 8552; 1919 § 12577; 1909 § 1599
It shall be the duty of the sheriff and jailer to receive, from
constables and other officers, all persons who shall be apprehended by
such constable or other officers, for offenses against this state, or who
shall be committed to such jail by any competent authority; and if any
sheriff or jailer shall refuse to receive any such person or persons, he
shall be adjudged guilty of a misdemeanor, and on conviction shall be
fined in the discretion of the court. (RSMo 1939 § 9196)
Prior revisions: 1929 § 8527; 1919 § 12552; 1909 § 1574
No person under the age of seventeen years, except those
transferred to the court of general jurisdiction under the provisions of
section 211.071, RSMo, shall be detained in a jail or other adult
detention facility as that term is defined in section 211.151, RSMo. A
traffic court judge may request the juvenile court to order the
commitment of a person under the age of seventeen to a juvenile detention
facility. (L. 1989 H.B. 502, et al.)
Persons confined in jails shall be separated and confined
according to sex. Persons confined under civil process or for civil
causes shall be kept separate from criminals. (RSMo 1939 §§ 9197, 9198,
A. 1949 S.B. 1071)
Prior revisions: 1929 §§ 8528, 8529; 1919 §§ 12553, 12554; 1909 §§ 1575,
1576
Every sheriff and jailer, and other person or persons
whatsoever, to whose custody or keeping any person or persons shall be
committed by virtue of any writ or process, or for any criminal offense,
except on conviction for felony, shall make and post reasonable rules for
the operation of the jail, and shall permit any such person committed to
his care to obtain and use food and bedding at such person's expense
within those rules as may be convenient and necessary for the proper
operation of the jail or confinement facility. (RSMo 1939 § 9204, A.L.
1972 S.B. 415)
Prior revisions: 1929 § 8535; 1919 § 12560; 1909 § 1582
Every person who shall be committed to the common jail within
any county in this state, by lawful authority, for any offense or
misdemeanor, upon a plea of guilty or a finding of guilt for such
offense, shall bear the expense of carrying him or her to said jail, and
also his or her support while in jail, before he or she shall be
discharged; and the property of such person shall be subjected to the
payment of such expenses, and shall be bound therefor, from the time of
his commitment, and may be levied on and sold, from time to time, under
the order of the court having criminal jurisdiction in the county, to
satisfy such expenses. (RSMo 1939 § 9199, A.L. 2004 H.B. 1188)
Prior revisions: 1929 § 8530; 1919 § 12555; 1909 § 1577
Whenever because of the inclemency of the season, the sickness
of the prisoner or other cause, the sheriff shall be of the opinion that
fuel, additional clothes or bedding, are necessary for any prisoner
committed to jail he shall furnish the same and the costs thereof shall
be paid by the county commission in the same manner as other expenses of
caring for prisoners in such jail. (RSMo 1939 § 9202, A. 1949 S.B. 1071)
Prior revisions: 1929 § 8533; 1919 § 12558; 1909 § 1580
1. The governing body of any county and of any city not within a
county shall fix the amount to be expended for the cost of incarceration
of prisoners confined in jails or medium security institutions. The per
diem cost of incarceration of these prisoners chargeable by the law to
the state shall be determined, subject to the review and approval of the
office of administration.
2. 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 sheriff to certify to the clerk of the circuit court or
court of common pleas in which the case was determined the total number
of days 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 diem for county prisons to the clerk of the circuit court on the
first day of each year, and thereafter whenever the amount may be
changed. It shall then be the duty of the clerk of the court in which the
case was determined to include in the bill of cost against the state all
fees which are properly chargeable to the state. In any city not within a
county it shall be the duty of the superintendent of any facility
boarding prisoners to certify to the chief executive officer of such city
not within a county the total number of days any prisoner who was a party
in such case remained in such facility. It shall be the duty of the
superintendents of such facilities to supply the cost per diem to the
chief executive officer on the first day of each year, and thereafter
whenever the amount may be changed. It shall be the duty of the chief
executive officer to bill the state all fees for boarding such prisoners
which are properly chargeable to the state. The chief executive may by
notification to the office of administration delegate such responsibility
to another duly sworn official of such city not within a county. The
clerk of the court of any city not within a county shall not include such
fees in the bill of costs chargeable to the state. The office of
administration shall revise its criminal cost manual in accordance with
this provision.
3. The actual costs chargeable to the state, including those incurred for
a prisoner who is incarcerated in the county jail because the prisoner's
parole or probation has been revoked or because the prisoner has, or
allegedly has, violated any condition of the prisoner's parole or
probation, and such parole or probation is a consequence of a violation
of a state statute, or the prisoner is a fugitive from the Missouri
department of corrections or otherwise held at the request of the
Missouri department of corrections regardless of whether or not a warrant
has been issued shall be 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 fifty cents
per day per prisoner, subject to appropriations, but not less than the
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)
1. No person shall knowingly deliver, attempt to deliver, have
in such person's possession, deposit or conceal in or about the premises
of any county jail or other county correctional facility:
(1) Any controlled substance as that term is defined by law, except upon
the written prescription of a licensed physician, dentist, or
veterinarian;
(2) Any other alkaloid of any kind or any spiritous or malt liquor;
(3) Any article or item of personal property which a prisoner is
prohibited by law or rule made pursuant to section 221.060 from receiving
or possessing, except as herein provided;
(4) Any gun, knife, weapon, or other article or item of personal property
that may be used in such manner as to endanger the safety or security of
the institution or as to endanger the life or limb of any prisoner or
employee thereof.
2. The violation of subdivision (1) of subsection 1 of this section shall
be a class C felony; the violation of subdivision (2) of this section
shall be a class D felony; the violation of subdivision (3) of this
section shall be a class A misdemeanor; and the violation of subdivision
(4) of this section shall be a class B felony.
3. The chief operating officer of a county jail or other county
correctional facility may deny visitation privileges to or refer to the
county prosecuting attorney for prosecution any person who knowingly
delivers, attempts to deliver, has in such person's possession, deposits
or conceals in or about the premises of such jail or facility any
personal item which is prohibited by rule or regulation of such jail or
facility. Such rules or regulations, including a list of personal items
allowed in the jail or facility, shall be prominently posted for viewing
both inside and outside such jail or facility in an area accessible to
any visitor, and shall be made available to any person requesting such
rule or regulation. Violation of this subsection shall be an infraction
if not covered by other statutes. (L. 1986 S.B. 450 § 221.110, A.L. 1997
S.B. 89 merged with S.B. 218)
1. If any prisoner confined in the county jail is sick and in
the judgment of the jailer, requires the attention of a physician, dental
care, or medicine, the jailer shall procure the necessary medicine,
dental care or medical attention necessary or proper to maintain the
health of the prisoner. The costs of such medicine, dental care, or
medical attention shall be paid by the prisoner through any health
insurance policy as defined in subsection 3 of this section, from which
the prisoner is eligible to receive benefits. If the prisoner is not
eligible for such health insurance benefits then the prisoner shall be
liable for the payment of such medical attention, dental care, or
medicine, and the assets of such prisoner may be subject to levy and
execution under court order to satisfy such expenses in accordance with
the provisions of section 221.070, and any other applicable law. The
county commission of the county may at times authorize payment of certain
medical costs that the county commission determines to be necessary and
reasonable. As used in this section, the term "medical costs" includes
the actual costs of medicine, dental care or other medical attention and
necessary costs associated with such medical care such as transportation,
guards and inpatient care.
2. The county commission may, in their discretion, employ a physician by
the year, to attend such prisoners, and make such reasonable charge for
his service and medicine, when required, to be taxed and collected as
provided by law.
3. As used in this section, the following terms mean:
(1) "Assets", property, tangible or intangible, real or personal,
belonging to or due a prisoner or a former prisoner, including income or
payments to such prisoner from Social Security, workers' compensation,
veterans' compensation, pension benefits, previously earned salary or
wages, bonuses, annuities, retirement benefits, compensation paid to the
prisoner per work or services performed while a prisoner or from any
other source whatsoever, including any of the following:
(a) Money or other tangible assets received by the prisoner 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 the employee's or contractor's official duties on behalf of
the state or any agency thereof;
(b) A money judgment received by the prisoner 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 the
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 benefits, retirement benefits, pension
benefits, insurance or annuity benefits, or similar payments; and
(2) "Health insurance policy", any group insurance policy providing
coverage on an expense-incurred basis, any group service or indemnity
contract issued by a not-for-profit health services corporation or any
self-insured group health benefit plan of any type or description. (RSMo
1939 § 9223, A.L. 1995 H.B. 424)
Prior revisions: 1929 § 8554; 1919 § 12579; 1909 § 1601
All persons placed upon probation, parole or conditional release
from any county jail or county correctional facility shall upon request
of the authority concerned, as a term of such county probation, parole,
or conditional release, repay the county for medicine, dental care, or
medical attention as provided in section 221.120, RSMo. (L. 1995 H.B. 424
§ 6)
Whenever the physician so employed shall certify to the county
commission, or to the commissioner thereof in vacation, that any prisoner
so confined is sick of any contagious or infectious disorder, liable to
be communicated to other prisoners, such commission, or any two
commissioners thereof in vacation, may make an order directing the
sheriff or marshal to remove such prisoner from such jail and provide for
his safekeeping elsewhere, until he can be recommitted to jail without
endangering the health of other prisoners. (RSMo 1939 § 9224)
Prior revisions: 1929 § 8555; 1919 § 12580; 1909 § 1602
In case of any prisoner confined in any jail in this state on a
charge of felony being in want of needful and necessary clothing, it
shall be the duty of the jailer to procure the same, and to present his
account therefor to the court having criminal jurisdiction for the
county; and on said court being satisfied of the correctness of such
account, shall certify the same for payment, as other costs in criminal
cases, to the state auditor. (RSMo 1939 § 9222)
Prior revisions: 1929 § 8553; 1919 § 12578; 1909 § 1600
The county commission of any county in which a prisoner may be
confined, whenever satisfied of the necessity of so doing, may make an
allowance for placing such prisoner under irons, which shall be paid out
of the treasury of the county in which the cause originated. (RSMo 1939 §
4235, A. 1949 S.B. 1071)
Prior revisions: 1929 § 3840; 1919 § 4183; 1909 § 5391
The expenses of imprisonment of any criminal prisoner, such as
accrue before conviction, shall be paid in the same manner as other costs
of prosecution are directed to be paid; and those which accrue after
conviction shall be paid as is directed by the law regulating criminal
proceedings. (RSMo 1939 § 9203)
Prior revisions: 1929 § 8534; 1919 § 12559; 1909 § 1581
1. Any person sentenced to a county jail in a county of the
first class or second class or to the city jail or workhouse of any city
with a population of five hundred thousand or more for crime, nonpayment
of a fine or forfeiture, or contempt of court may be granted the
privilege of leaving the jail during necessary and reasonable hours for
any of the following purposes:
(1) Working at his employment; or
(2) Conducting his own business or other self-employed occupation, and in
the case of a woman for the purpose of housekeeping and attending the
needs of her family; or
(3) Attendance at an educational institution; or
(4) Obtaining medical treatment; or
(5) Visiting prospective employers at prearranged interviews.
2. Unless the privilege is expressly granted by the sentencing court, the
prisoner is sentenced to ordinary confinement. The prisoner may petition
the sentencing court for the privilege at the time of sentence or
thereafter, and in the discretion of the sentencing court may renew his
petition. The sentencing court may withdraw the privilege at any time by
order entered with or without notice.
3. The sheriff of the county or the warden of the city, whichever the
case may be, shall endeavor to secure employment for unemployed prisoners
sentenced under this section. If a prisoner is employed for wages or
salary the sheriff of the county or the warden of the city, whichever the
case may be, shall collect the same or require the prisoner to turn over
his wages or salary in full when received, and the sheriff of the county
or the warden of the city, whichever the case may be, shall deposit the
same in a trust checking account and shall keep a ledger showing the
status of the account of each prisoner. The wages or salary are not
subject to garnishment in the hands of either the employer or the sheriff
of the county or the warden of the city, whichever the case may be,
during the prisoner's term, and shall be disbursed as provided in this
section; but for tax purposes they are income of the prisoner.
4. Every prisoner gainfully employed under this section is liable for the
cost of his board. If necessarily absent from jail at a meal time he
shall upon request be furnished with an adequate nourishing lunch to
carry to work. The sheriff shall charge his account, if he has one, for
the board. If the prisoner is gainfully self-employed he shall pay the
sheriff for the board, in default of which his privilege under this
section is automatically forfeited.
5. By order of the sentencing court, the wages of employed prisoners
shall be disbursed by the sheriff for the following purposes:
(1) The board of the prisoner;
(2) Necessary travel expenses to and from work and other incidental
expenses of the prisoner;
(3) Support of the prisoner's dependents, if any;
(4) Payment, either in full or ratably, of the prisoner's obligations
acknowledged by him in writing or which have been reduced to judgment;
(5) The balance, if any, to the prisoner upon his discharge.
6. The court may by order authorize the sheriff to whom the prisoner is
committed to arrange with another sheriff for the employment of the
prisoner in the other's county, and while so employed to be and continue
subject to the commitment.
7. The county commission or governing body may, if the sheriff of the
county or the warden of the city, whichever the case may be, requests it,
by resolution direct that all functions of the sheriff of the county or
the warden of the city, whichever the case may be, under subsection 3 or
5 or both be performed by the county or city welfare office; or, if the
county commission or governing body has not so directed, the sentencing
court may order that the prisoner's earnings be collected and disbursed
by the clerk of the sentencing court. The order shall remain in force
until rescinded by the county commission or governing body or the
sentencing court, whichever made it.
8. The county welfare office shall at the request of the sentencing court
investigate and report to the sentencing court the amount necessary for
the support of the prisoner's dependents.
9. The sheriff may refuse to permit the prisoner to exercise his
privilege to leave the jail as provided in this section for not to exceed
five consecutive days for any breach of discipline or other violation of
jail regulations.
10. Any prisoner granted privileges pursuant to this section who serves
three-fourths of the time for which he may have been sentenced in an
orderly and peaceable manner shall be discharged in the same manner as if
the prisoner had served the full time for which sentenced.
11. In the case of a violation of the law or jail regulations, the
prisoner shall be returned to the sentencing court; and it may require
that the balance of his sentence be spent in actual confinement and may
cancel any earned diminution of his term.
12. Any county may suspend the operation of this section by resolution or
ordinance when proper facilities are not available.
13. The county commissions of all other counties of the state shall have
the power to provide for the employment, under such rules and regulations
and under such terms as they may prescribe, of all persons convicted of
an offense under the statutes of this state, and who may be sentenced to
imprisonment in the county jail, or who may be committed to the county
jail for nonpayment of fine; and the amount so received for the services
of such person so hired shall be applied upon the judgment against him.
(RSMo 1939 § 13771, A.L. 1961 p. 265, A.L. 1973 S.B. 80)
It shall be lawful for the sheriff of any county of this state,
when there shall appear to be no jail, or where the jail of such county
shall be insufficient, to commit any person or persons in his custody,
either on civil or criminal process, to the nearest jail of some other
county; and it is hereby made the duty of the sheriff or keeper of the
jail of said county to receive such person or persons, so committed as
aforesaid, and him, her or them safely keep, subject to the order or
orders of the judge of the court for the county from whence said prisoner
was brought. (RSMo 1939 § 9214)
Prior revisions: 1929 § 8545; 1919 § 12570; 1909 § 1592
When any person shall be committed to jail, in conformity to
section 221.230, it shall be the duty of the sheriff of the county in
which said jail is situated to take, or cause to be taken, the person
thus committed, together with the day and cause of his capture and
detention, before the circuit court of the county appointed for the trial
of such prisoner, at such time as the cause is set for trial and at such
other times as the court shall direct. (RSMo 1939 § 9215, A.L. 1978 H.B.
1634)
Prior revisions: 1929 § 8546; 1919 § 12571; 1909 § 1593
Effective 1-2-79
Any sheriff who fails or neglects to take a prisoner before the
court as provided in section 221.240, shall be deemed guilty of contempt
of court and shall be committed to the county jail and confined, without
bail, until he shall comply with the statute. The court, in its
discretion, may remove such sheriff from office and render him incapable
of holding or executing such office thereafter. The sheriff shall forfeit
to the prisoner or party aggrieved a sum not exceeding five hundred
dollars, to be recovered by the prisoner or party aggrieved, his
executors or administrators, in a civil action founded upon this statute.
(RSMo 1939 §§ 9217, 9218, A. 1949 S.B. 1071)
Prior revisions: 1929 §§ 8548, 8549; 1919 §§ 12573, 12574; 1090 §§ 1595,
1596
In all cases where a person is committed from another county for
a criminal offense under this chapter, such county, or the prisoner, or
the state, shall pay the expenses, in the same manner as if the
commitment had been in the county where the offense was committed; and in
civil suits, the plaintiff or defendant, or the prisoner, shall pay the
expenses, in the same manner as if the imprisonment had taken place in
the county where the suit commenced. (RSMo 1939 § 9220)
Prior revisions: 1929 § 8551; 1919 § 12576; 1909 § 1598
It shall be the duty of the keeper of the jail in every county
within this state to receive into his custody any prisoner or prisoners
who may be from time to time committed to his charge, under authority of
the United States, and to safely keep every such prisoner or prisoners,
according to the warrant or receipt of such commitment, until he or they
shall be discharged by due course of law of the United States. (RSMo 1939
§ 9207)
Prior revisions: 1929 § 8538; 1919 § 12563; 1909 § 1585
The keeper of every jail aforesaid shall be subject to the same
pains and penalties, for any neglect or failure of duty therein, as he
would be subject to by the laws of the state for the like neglect or
failure in the case of a prisoner committed under the authority of the
said laws. (RSMo 1939 § 9208)
Prior revisions: 1929 § 8539; 1919 § 12564; 1909 § 1586
The United States shall pay for the use and keeping of such
jails, at the rate of one dollar per month for each person that shall,
under their authority, be committed thereto, and also to the jailer such
fees as he would be entitled to for like services rendered in virtue of
the existing laws of this state, during the time such prisoner shall be
therein confined, and shall support such of said prisoners as shall be
committed for offenses. (RSMo 1939 § 9209)
Prior revisions: 1929 § 8540; 1919 § 12565; 1909 § 1587
It shall be the duty of the grand jury, at each term, or a
committee, to consist of at least three members thereof, to visit the
jail of their county, and examine the condition thereof, and inquire into
the treatment of the prisoners, and make report thereof to the court.
(RSMo 1939 § 9205)
Prior revisions: 1929 § 8536; 1919 § 12561; 1909 § 1583
It is hereby made the special duty of the court having criminal
jurisdiction, at each term, to inquire and see that all prisoners are
humanely treated. (RSMo 1939 § 9206)
Prior revisions: 1929 § 8537; 1919 § 12562; 1909 § 1584
In each county of the state the presiding judge of the circuit
court, or such other judge or judges as may be determined by local
circuit court rule, may, upon the petition of fifteen reputable citizens
or upon the motion of a majority of the court en banc, appoint six
persons, three of whom shall be women, and not more than three shall have
the same political affiliations, who shall constitute a board of county
visitors, all of whom, upon the fixed appointment, shall serve for one
year and shall constitute the board of visitors for the inspection of all
corrective institutions supported by such county. The members of the
board shall serve without compensation and shall enjoy the same immunity
from lawsuits as judicial officers. (RSMo 1939 § 9586, A.L. 1978 H.B.
1634, A.L. 2003 S.B. 184)
Prior revisions: 1929 § 12946; 1919 § 12195; 1909 § 1329
The persons appointed as members of the board of county
visitors, within one week after receiving notice of appointment, shall
meet at some convenient place, and organize by electing a chairman and
secretary from their own number. The secretary shall file a report of
such organization, signed by him or herself, and by the said chairman,
with the clerk of the circuit court of the county. (RSMo 1939 § 9587)
Prior revisions: 1929 § 12947; 1919 § 12196; 1909 § 1330
It shall be the duty of such board of visitors, by personal
visitation or otherwise, to keep themselves fully advised of the
conditions and management of all corrective institutions, supported
wholly or in part by county or municipal taxation, or which are under
county or municipal control, and especially the county jails. They shall
examine every department of each institution, and shall ascertain its
condition as to effective and economical administration, the cleanliness,
discipline and comfort of its inmates and other respects, and at least
once in every three months all of said institutions shall be visited by
said board or a committee of its members. In case the said board or one
of its committees shall find any state of things in any institution,
which in their opinion shall be injurious to the county or to the inmates
of the institution, or which is contrary to good order and public policy,
it shall be their duty to address a memorial to the presiding judge,
sheriff, and county commission, or other officials having jurisdiction,
in which memorial they shall set forth the facts observed and shall
suggest such remedies as in their judgment may be necessary. (RSMo 1939 §
9588, A.L. 2003 S.B. 184)
Prior revisions: 1929 § 12948; 1919 § 12197; 1909 § 1331
The board of county visitors each year shall prepare a full
report of their proceedings during the year, with such recommendations as
they may deem advisable, and shall file the same with the presiding judge
of the circuit court, sheriff, and county commission. Whenever the board
of county visitors shall present a memorial or report to the county
commission or to the judge of the circuit court, they shall, at the same
time, transmit a copy of the same to the sheriff of the county. (RSMo
1939 § 9589, A.L. 2003 S.B. 184)
Prior revisions: 1929 § 12949; 1919 § 12198; 1909 § 1332
1. A person commits the crime of damage to jail property if such
person knowingly damages any city or county jail building or other jail
property.
2. A person commits the crime of damage to jail property if such person
knowingly starts a fire in any city or county jail building or other jail
property.
3. Damage to jail property is a class D felony. (L. 1997 S.B. 89 merged
with S.B. 218)
1. Any two or more contiguous counties within the state may form
an agreement to establish a regional jail district. The district shall
have a boundary which includes the areas within each member county, and
it shall be named the "........... Regional Jail District". Such regional
jail districts may contract to carry out the mission of the commission
and the regional jail district.
2. The county commission of each county desiring to join the district
shall approve an ordinance or resolution to join the district and shall
approve the agreement which specifies the duties of each county within
the district.
3. If any county wishes to join a district which has already been
established under this section, the agreement shall be rewritten and
reapproved by each member county.
4. The agreement which specifies the duties of each county shall contain
the following:
(1) The name of the district;
(2) The names of the counties within the district;
(3) The formula for calculating each county's contribution to the costs
of the district;
(4) The types of prisoners which the regional jail may house, limited to
prisoners which may be transferred to counties under state law;
(5) The methods and powers which may be used for constructing, leasing or
financing a regional jail;
(6) The duties of the director of the regional jail;
(7) The timing and procedures for approval of the regional jail
district's annual budget by the regional jail commission; and
(8) The delegation, if any, by the member counties to the regional jail
district of the power of eminent domain.
5. Any county, city, town or village may contract with a regional jail
commission for the holding of its prisoners. (L. 1994 S.B. 520, A.L. 1997
S.B. 89 merged with S.B. 218)
In addition to the powers granted to the district by its member
counties under the agreement, the district has all the powers necessary
or appropriate to carry out its purposes, including, but not limited to,
the following:
(1) To adopt bylaws and rules for the regulation of its affairs and the
conduct of its business;
(2) To adopt an official seal;
(3) To maintain an office at such place or places in one or more of the
member counties as the commission may designate;
(4) To sue and be sued;
(5) To make and execute leases, contracts, releases, compromises and
other instruments necessary or convenient for the exercise of its powers
or to carry out its purposes;
(6) To acquire, construct, reconstruct, repair, alter, improve, and
extend jail facilities;
(7) To sell, assign, mortgage, grant a security interest in, exchange,
donate and convey any or all of its properties whenever the commission
finds such action to be in furtherance of the district's purposes;
(8) To collect rentals, fees and other charges in connection with its
services or for the use of any facilities;
(9) To issue its bonds, notes or other obligations for any of its
corporate purposes and to refund the same. (L. 1997 S.B. 89 merged with
S.B. 218)
1. Any regional jail district created pursuant to section
221.400 shall be governed by a commission. The commission shall be
composed of the sheriff and presiding commissioner from each county
within the district.
2. Each commissioner shall serve during his tenure as sheriff or as
presiding commissioner.
3. Commissioners shall serve until their successors have been duly
appointed. Vacancies on the commission shall be filled by the succeeding
sheriff or presiding commissioner for the remainder of the term.
4. Commissioners shall serve without compensation, except that they shall
be reimbursed by the district for their reasonable and necessary expenses
in the performance of their duties.
5. A jail commissioner from each county in the district shall present a
proposed budget to the county commission. (L. 1994 S.B. 520, A.L. 1997
S.B. 89 merged with S.B. 218)
1. The commission of any regional jail district may impose, by
order, a sales tax in the amount of one-eighth of one percent, one-
fourth of one percent, three-eighths of one percent, or one-half of one
percent on all retail sales made in such region which are subject to
taxation pursuant to the provisions of sections 144.010 to 144.525, RSMo,
for the purpose of providing jail services and court facilities and
equipment for such region. The tax authorized by this section shall be in
addition to any and all other sales taxes allowed by law, except that no
order imposing a sales tax pursuant to this section shall be effective
unless the commission submits to the voters of the district, on any
election date authorized in chapter 115, RSMo, a proposal to authorize
the commission to impose a tax.
2. The ballot of submission shall contain, but need not be limited to,
the following language:
Shall the regional jail district of ........................ (counties'
names) impose a region-wide sales tax of .................. (insert
amount) for the purpose of providing jail services and court facilities
and equipment for the region?
[ ] YES [ ] NO
If you are in favor of the question, place an "X" in the box opposite
"Yes". If you are opposed to the question, place an "X" in the box
opposite "No". If a majority of the votes cast on the proposal by the
qualified voters of the district voting thereon are in favor of the
proposal, then the order and any amendment to such order shall be in
effect on the first day of the second quarter immediately following the
election approving the proposal. If the proposal receives less than the
required majority, the commission shall have no power to impose the sales
tax authorized pursuant to this section unless and until the commission
shall again have submitted another proposal to authorize the commission
to impose the sales tax authorized by this section and such proposal is
approved by the required majority of the qualified voters of the district
voting on such proposal; however, in no event shall a proposal pursuant
to this section be submitted to the voters sooner than twelve months from
the date of the last submission of a proposal pursuant to this section.
3. All revenue received by a district from the tax authorized pursuant to
this section shall be deposited in a special trust fund and shall be used
solely for providing jail services and court facilities and equipment for
such district for so long as the tax shall remain in effect.
4. Once the tax authorized by this section is abolished or terminated by
any means, all funds remaining in the special trust fund shall be used
solely for providing jail services and court facilities and equipment for
the district. Any funds in such special trust fund which are not needed
for current expenditures may be invested by the commission in accordance
with applicable laws relating to the investment of other county funds.
5. All sales taxes collected by the director of revenue pursuant to this
section on behalf of any district, less one percent for cost of
collection which shall be deposited in the state's general revenue fund
after payment of premiums for surety bonds as provided in section 32.087,
RSMo, shall be deposited in a special trust fund, which is hereby
created, to be known as the "Regional Jail District Sales Tax Trust
Fund". The moneys in the regional jail district sales tax trust fund
shall not be deemed to be state funds and shall not be commingled with
any funds of the state. The director of revenue shall keep accurate
records of the amount of money in the trust fund which was collected in
each district imposing a sales tax pursuant to this section, and the
records shall be open to the inspection of officers of each member county
and the public. Not later than the tenth day of each month the director
of revenue shall distribute all moneys deposited in the trust fund during
the preceding month to the district which levied the tax. Such funds
shall be deposited with the treasurer of each such district, and all
expenditures of funds arising from the regional jail district sales tax
trust fund shall be paid pursuant to an appropriation adopted by the
commission and shall be approved by the commission. Expenditures may be
made from the fund for any function authorized in the order adopted by
the commission submitting the regional jail district tax to the voters.
6. The director of revenue may authorize the state treasurer to make
refunds from the amounts in the trust fund and credited to any district
for erroneous payments and overpayments made, and may redeem dishonored
checks and drafts deposited to the credit of such districts. If any
district abolishes the tax, the commission shall notify the director of
revenue of the action at least ninety days prior to the effective date of
the repeal, and the director of revenue may order retention in the trust
fund, for a period of one year, of two percent of the amount collected
after receipt of such notice to cover possible refunds or overpayment of
the tax and to redeem dishonored checks and drafts deposited to the
credit of such accounts. After one year has elapsed after the effective
date of abolition of the tax in such district, the director of revenue
shall remit the balance in the account to the district and close the
account of that district. The director of revenue shall notify each
district in each instance of any amount refunded or any check redeemed
from receipts due the district.
7. Except as provided in this section, all provisions of sections 32.085
and 32.087, RSMo, shall apply to the tax imposed pursuant to this section.
8. The provisions of this section shall expire September 30, 2015. (L.
2002 H.B. 1078)
Expires 9-30-15
Except as provided in sections 221.400 to 221.420 the regional
jail commission shall have the following powers and duties:
(1) It shall implement the agreement approved by the counties within the
district under section 221.400;
(2) It shall determine the means to establish a regional jail for the
district;
(3) It shall appoint a director for the regional jail;
(4) It shall determine the initial budget for the regional jail and shall
approve, after a review and a majority of the commissioners concurring
therein, all subsequent budgets, for which proposals may be submitted by
the director;
(5) It may determine the policies for the housing of prisoners within the
regional jail;
(6) It may buy, lease or sell real property for the purpose of
establishing a regional jail, and it may contract with public or private
entities for the planning and acquisition of a jail;
(7) It may contract with the department of corrections and with cities
and other counties in this state for the housing of prisoners;
(8) It shall approve all positions to be created for the purpose of
administering the regional jail; and
(9) It shall approve a location for the regional jail which is generally
central to the district. (L. 1994 S.B. 520, A.L. 1997 S.B. 89 merged with
S.B. 218)
1. The director appointed by the regional jail commission shall
administer the regional jail.
2. The director shall be paid a salary determined by the regional jail
commission, and the director shall hire other officers and employees for
positions that are authorized by the commission. (L. 1994 S.B. 520)
Effective 7-6-94
1. The regional jail established under sections 221.400 to
221.420 may be used to hold prisoners who have pled guilty or been found
guilty or prisoners who are being held prior to or during trial.
2. Each county within the regional jail district may keep its own jail
for holding any prisoners who have pled guilty or been found guilty or
who are being held prior to or during trial. (L. 1994 S.B. 520)
Effective 7-6-94
1. All bonds, notes and other obligations of the district are
payable solely out of the contributions made by the member counties or
from revenues and receipts derived from the operation of the district's
facilities.
2. All obligations of the district constitute negotiable instruments.
3. Obligations of the district shall not be deemed a debt, liability or
pledge of the faith and credit of the state, of any member county, or of
any other political subdivision of the state. The issuance of district
obligations shall not, directly, indirectly or contingently, obligate the
state, a member county or any other political subdivision to levy any
form of taxation or to make any appropriation for their payment.
4. The district is declared to be performing a public function on behalf
of the member counties and to be a public instrumentality of such
counties. Accordingly:
(1) The income of the district and all properties owned by the district
are exempt from all taxation in the state of Missouri;
(2) For the purposes of section 409.402, RSMo, obligations of the
district are deemed to be securities issued by a public instrumentality
or political subdivision of the state of Missouri; and
(3) Interest on obligations of the district is exempt from income
taxation by the state of Missouri. (L. 1997 S.B. 89 merged with S.B. 218)
No income of the district shall inure to the benefit of any
private person. Upon dissolution of the district, all the district's
assets shall be distributed among the member counties. (L. 1997 S.B. 89
merged with S.B. 218)
1. The commissioner of administration is authorized to enter
into a contract with a developer for the design and construction of a
minimum security correctional facility in any city located within at
least four counties.
2. The commissioner shall advertise for proposers in accordance with the
requirements of section 8.250, RSMo. The commissioner shall select the
five most qualified design and construction teams and ask each of the
five to submit a schematic design proposal for the facility along with a
detailed construction bid. The commissioner shall select the proposer who
provides the lowest and best proposal based on the preestablished
criteria. (L. 1997 H.B. 823 § 1)
Effective 7-14-97
1. Every chief law enforcement official, sheriff, jailer,
department of corrections official and regional jail district official
shall conduct an inquiry of pending outstanding warrants for misdemeanors
and felonies through the Missouri Uniform Law Enforcement System (MULES)
and the National Crime Information Center (NCIC) System on all prisoners
about to be released, whether convicted of a crime or being held on
suspicion of charges.
2. No prisoner, whether convicted of a crime or being held on suspicion
of any charge, shall be released or transferred from a correctional
facility or jail to any other facility prior to having a local, state or
federal warrant check conducted by a law enforcement official, sheriff or
authorized member of a correctional facility or jail.
3. If any prisoner warrant check indicates outstanding charges or
outstanding warrants from another jurisdiction, it shall be the duty of
the official conducting the warrant check to inform the agency that
issued the warrant that the correctional facility or jail has such
prisoner in custody. That prisoner shall not be released except to the
custody of the jurisdictional authority that had issued the warrant,
unless the warrant has been satisfied or dismissed, or unless the warrant
issuing agency has notified the correctional facility or jail holding the
prisoner that the agency does not wish the prisoner to be transferred or
the warrant to be pursued.
4. If any person has actual knowledge that a violation of this section is
occurring or has occurred, such person may report the information to the
attorney general of the state of Missouri, who may appoint a sheriff of
another county to investigate the report.
5. If a law enforcement official, sheriff or authorized member of the
correctional facility or jail purposely fails to perform a warrant check
with the intent to release a prisoner with outstanding warrants and which
results in the release of a prisoner with outstanding warrants, that
individual shall be guilty of a class A misdemeanor.
6. A law enforcement official, sheriff or authorized member of the
correctional facility or jail shall not be deemed to have purposely
failed to perform a warrant check with the intent to release a prisoner
in violation of this section, if he or she is unable to complete the
warrant check because the MULES or NCIC computer systems were not
accessible. (L. 2001 H.B. 144 & 46)
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