Missouri SB 617: Repeals the Missouri Incarceration Reimbursement Act

Bill Text

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 617
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WEBBER.
2366S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 217.825, 217.827, 217.829, 217.831, 217.833, 217.835, 217.837, 217.839,
217.841, and 650.058, RSMo, and to enact in lieu thereof one new section relating to
reimbursement by offenders for care provided by the department of corrections.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 217.825, 217.827, 217.829, 217.831, 1
217.833, 217.835, 217.837, 217.839, 217.841, and 650.058, RSMo, 2
are repealed and one new section enacted in lieu thereof, to be 3
known as section 650.058, to read as follows:4
650.058. 1. Notwithstanding the sovereign immunity of 1
the state, any individual who was found guilty of a felony 2
in a Missouri court and was later determined to be actually 3
innocent of such crime solely as a result of DNA profiling 4
analysis may be paid restitution. The individual may 5
receive an amount of one hundred dollars per day for each 6
day of postconviction incarceration for the crime for which 7
the individual is determined to be actually innocent. The 8
petition for the payment of said restitution shall be filed 9
with the sentencing court. For the purposes of this 10
section, the term "actually innocent" shall mean: 11
(1) The individual was convicted of a felony for which 12
a final order of release was entered by the court; 13
(2) All appeals of the order of release have been 14
exhausted; 15

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(3) The individual was not serving any term of a 16
sentence for any other crime concurrently with the sentence 17
for which he or she is determined to be actually innocent, 18
unless such individual was serving another concurrent 19
sentence because his or her parole was revoked by a court or 20
the parole board in connection with the crime for which the 21
person has been exonerated. Regardless of whether any other 22
basis may exist for the revocation of the person's probation 23
or parole at the time of conviction for the crime for which 24
the person is later determined to be actually innocent, when 25
the court's or the parole board's sole stated reason for the 26
revocation in its order is the conviction for the crime for 27
which the person is later determined to be actually 28
innocent, such order shall, for purposes of this section 29
only, be conclusive evidence that their probation or parole 30
was revoked in connection with the crime for which the 31
person has been exonerated; and 32
(4) Testing ordered under section 547.035, or testing 33
by the order of any state or federal court, if such person 34
was exonerated on or before August 28, 2004, or testing 35
ordered under section 650.055, if such person was or is 36
exonerated after August 28, 2004, demonstrates a person's 37
innocence of the crime for which the person is in custody. 38
Any individual who receives restitution under this section 39
shall be prohibited from seeking any civil redress from the 40
state, its departments and agencies, or any employee 41
thereof, or any political subdivision or its employees. 42
This section shall not be construed as a waiver of sovereign 43
immunity for any purposes other than the restitution 44
provided for herein. The department of corrections shall 45
determine the aggregate amount of restitution owed during a 46

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fiscal year. If insufficient moneys are appropriated each 47
fiscal year to pay restitution to such persons, the 48
department shall pay each individual who has received an 49
order awarding restitution a pro rata share of the amount 50
appropriated. Provided sufficient moneys are appropriated 51
to the department, the amounts owed to such individual shall 52
be paid on June thirtieth of each subsequent fiscal year, 53
until such time as the restitution to the individual has 54
been paid in full. However, no individual awarded 55
restitution under this subsection shall receive more than 56
thirty-six thousand five hundred dollars during each fiscal 57
year. No interest on unpaid restitution shall be awarded to 58
the individual. [No individual who has been determined by 59
the court to be actually innocent shall be responsible for 60
the costs of care under section 217.831.] 61
2. If the results of the DNA testing confirm the 62
person's guilt, then the person filing for DNA testing under 63
section 547.035, shall: 64
(1) Be liable for any reasonable costs incurred when 65
conducting the DNA test, including but not limited to the 66
cost of the test. Such costs shall be determined by the 67
court and shall be included in the findings of fact and 68
conclusions of law made by the court; and 69
(2) Be sanctioned under the provisions of section 70
217.262. 71
3. A petition for payment of restitution under this 72
section may only be filed by