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
Universal Citation: 14 MO Code of State Regs 80-5.020
Current through Register Vol. 49, No. 6, March 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.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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