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. 15
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
1253S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 221.105, 221.400, 221.402, 221.405, 221.407, and 221.410, RSMo, and to enact
in lieu thereof six new sections relating to jail reimbursements, with an emergency
clause for certain sections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 221.105, 221.400, 221.402, 221.405, 1
221.407, and 221.410, RSMo, are repealed and six new sections 2
enacted in lieu thereof, to be known as sections 221.400, 3
221.402, 221.405, 221.407, 221.410, and 550.320, to read as 4
follows:5
221.400. 1. Any two or more contiguous counties 1
within the state may form an agr eement to establish a 2
regional jail district. The district shall have a boundary 3
which includes the areas within each member county, and it 4
shall be named the "______ Regional Jail District". Such 5
regional jail districts may contract to carry out the 6
mission of the commission and the regional jail district. 7
2. The county commission of each county desiring to 8
join the district shall approve an ordinance , order, or 9
resolution to join the district and shall approve the 10
agreement which specifies the duties of each county within 11
the district. 12
3. If any county wishes to join a district which has 13
already been established under this section, the agreement 14
shall be rewritten and reapproved by each member county. If 15 SB 15 2
the district already levi es a sales tax pursuant to section 16
221.407, the county desiring to join shall have approved the 17
levy of the district sales tax in the county pursuant to 18
subsection 3 of section 221.407, and the rewritten agreement 19
shall be provided. 20
4. The agreement which specifies the duties of each 21
county shall contain the following: 22
(1) The name of the district; 23
(2) The names of the counties within the district; 24
(3) The formula for calculating each county's 25
contribution to the costs of the d istrict; 26
(4) The types of prisoners which the regional jail may 27
house, limited to prisoners which may be transferred to 28
counties under state law; 29
(5) The methods and powers which may be used for 30
constructing, leasing or financing a regional jail; 31
(6) The duties of the director of the regional jail; 32
(7) The timing and procedures for approval of the 33
regional jail district's annual budget by the regional jail 34
commission; and 35
(8) The delegation, if any, by the member counties to 36
the regional jail district of the power of eminent domain. 37
5. Any county, city, town or village may contract with 38
a regional jail commission for the holding of its prisoners. 39
221.402. In addition to the powers granted to the 1
district by its member counties under the agreement, the 2
district has all the powers necessary or appropriate to 3
carry out its purposes, including, but not limited to, the 4
following: 5
(1) To adopt bylaws and rules for the regulation of 6
its affairs and the conduct of its business; 7
(2) To adopt an official seal; 8 SB 15 3
(3) To maintain an office at such place or places in 9
one or more of the member counties as the commission may 10
designate; 11
(4) To sue and be sued; 12
(5) To make and execute leases, contracts, releases, 13
compromises and other instruments necessary or convenient 14
for the exercise of its powers or to carry out its purposes; 15
(6) To acquire, construct, reconstruct, repair, alter, 16
improve, [and] equip, extend, and maintain jail facilities; 17
(7) To sell, lease, assign, mortgage, grant a security 18
interest in, exchange, donate and convey any or all of its 19
properties whenever the commission finds such action to be 20
in furtherance of the district's purposes; 21
(8) To collect rentals, fees and other charges in 22
connection with its services or for the use of any 23
facilities; 24
(9) To issue its bonds, notes or other obligations for 25
any of its corporate purposes and to refund the same. 26
221.405. 1. Any regional jail district created 1
pursuant to section 221.400 shall be governed by a 2
commission. The commission shall be composed of the sheriff 3
and presiding commissioner from each county within the 4
district. 5
2. Each commissioner shall ser ve during his tenure as 6
sheriff or as presiding commissioner. 7
3. Commissioners shall serve until their successors in 8
their county offices have [been duly appointed] assumed 9
office. Vacancies on the commission shall be filled by the 10
succeeding sheriff or presiding commissioner for the 11
remainder of the term. 12
4. Commissioners shall serve without compensation, 13
except that they shall be reimbursed by the district for 14 SB 15 4
their reasonable and necessary expenses in the performance 15
of their duties. 16
5. A jail commissioner from each county in the 17
district shall present a proposed budget to the county 18
commission. 19
221.407. 1. The commission of any regional jail 1
district may impose, by order, a sales tax in the amount of 2
[one-eighth of] up to one percent[, one-fourth of one 3
percent, three-eighths of one percent, or one -half of one 4
percent] on all retail sales made in such region which are 5
subject to taxation pursuant to the provisions of sections 6
144.010 to 144.525 for t he purpose of providing jail 7
services [and court] facilities and equipment for such 8
region. The tax authorized by this section shall be in 9
addition to any and all other sales taxes allowed by law, 10
except that no order imposing a sales tax pursuant to this 11
section shall be effective unless the commission submits to 12
the voters of the district, on any election date authorized 13
in chapter 115, a proposal to authorize the commission to 14
impose a tax. 15
2. The ballot of submission shall contain, but ne ed 16
not be limited to, the following language: 17
18
19
20
21
22
Shall ____________ (District name) 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?
23 □ YES □ NO
24
25
26
27
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".
SB 15 5
If a majority of the votes cast on the proposal by the 28
qualified voters of the dist rict voting thereon are in favor 29
of the proposal, then the order and any amendment to such 30
order shall be in effect on the first day of the second 31
quarter immediately following the election approving the 32
proposal. If the proposal receives less than th e required 33
majority, the commission shall have no power to impose the 34
sales tax authorized pursuant to this section unless and 35
until the commission shall again have submitted another 36
proposal to authorize the commission to impose the sales tax 37
authorized by this section and such proposal is approved by 38
the [required] majority of the qualified voters of the 39
district voting on such proposal [; however, in no event 40
shall a proposal pursuant to this section be submitted to 41
the voters sooner than twelve months from the date of the 42
last submission of a proposal pursuant to this section ]. 43
3. In the case of a county attempting to join an 44
existing district that levies a sales tax pursuant to 45
subsection 1 of this section, such joining with the distric t 46
shall not become effective until the approval of the voters 47
to levy the district sales tax in the county attempting to 48
join the district has been obtained. The election shall be 49
called by the county commission of the county attempting to 50
join the district, and the district shall by ordinance or 51
order provide that the sales tax shall be levied in the 52
joining county, subject to approval of the county voters as 53
herein provided. The ballot of submission shall contain, 54
but need not be limited to, th e following language: 55
56
57
58
Shall the __________ (District name) extend its
regional jail district sales tax __________
(insert amount) to the boundaries of __________
SB 15 6
If a majority of the votes cast on the proposal by the 67
qualified voters of the county attempting to join the 68
district voting thereon are in favor of the proposal, then 69
the tax shall be in effect on the first day of the second 70
quarter immediately following the election approving the 71
proposal, the county shall have been deemed to have joined 72
the district pursuant to a rewritten agreement as provided 73
in subsection 3 of section 221.400, and the order of the 74
commission levying the tax s hall also become effective as to 75
the joining county on said date. If the proposal receives 76
less than the required majority, the district shall have no 77
power to impose the sales tax authorized pursuant to this 78
section, and the county attempting to join the district 79
shall not be permitted to do so, unless and until the county 80
commission of the county attempting to join the district 81
shall again have submitted another proposal to authorize the 82
imposition of the sales tax authorized by this section and 83
such proposal is approved by the majority of the qualified 84
voters of the county attempting to join the district voting 85
on such proposal. 86
4. All revenue received by a district from the tax 87
authorized pursuant to this section shall be deposited in a 88
special trust fund and shall be used solely for providing 89
59
60
61
(name of joining county) for the purpose of
providing jail services, facilities, and equipment
for the region?
62 □ YES □ NO
63
64
65
66
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".
SB 15 7
jail services and court facilities and equipment for such 90
district for so long as the tax shall remain in effect. 91
[4.] 5. Once the tax authorized by this section is 92
abolished or terminat ed by any means, all funds remaining in 93
the special trust fund shall be used solely for providing 94
jail services and court facilities and equipment for the 95
district. Any funds in such special trust fund which are 96
not needed for current expenditures may be invested by the 97
commission in accordance with applicable laws relating to 98
the investment of other county funds. 99
[5.] 6. All sales taxes collected by the director of 100
revenue pursuant to this section on behalf of any district, 101
less one percent for cost of collection which shall be 102
deposited in the state's general revenue fund after payment 103
of premiums for surety bonds as provided in section 32.087, 104
shall be deposited in a special trust fund, which is hereby 105
created, to be known as the "Regio nal Jail District Sales 106
Tax Trust Fund". The moneys in the regional jail district 107
sales tax trust fund shall not be deemed to be state funds 108
and shall not be commingled with any funds of the state. 109
The director of revenue shall keep accurate records of the 110
amount of money in the trust fund which was collected in 111
each district imposing a sales tax pursuant to this section, 112
and the records shall be open to the inspection of officers 113
of each member county and the public. Not later than the 114
tenth day of each month the director of revenue shall 115
distribute all moneys deposited in the trust fund during the 116
preceding month to the district which levied the tax. Such 117
funds shall be deposited with the treasurer of each such 118
district, and all expenditur es of funds arising from the 119
regional jail district sales tax trust fund shall be paid 120
pursuant to an appropriation adopted by the commission and 121 SB 15 8
shall be approved by the commission. Expenditures may be 122
made from the fund for any [function authorized in the order 123
adopted by the commission submitting the regional jail 124
district tax to the voters ] of the district's authorized 125
purposes. 126
[6.] 7. The director of revenue may make refunds from 127
the amounts in the trust fund and credited to any distric t 128
for erroneous payments and overpayments made, and may redeem 129
dishonored checks and drafts deposited to the credit of such 130
districts. If any district abolishes the tax, the 131
commission shall notify the director of revenue of the 132
action at least ninet y days prior to the effective date of 133
the repeal, and the director of revenue may order retention 134
in the trust fund, for a period of one year, of two percent 135
of the amount collected after receipt of such notice to 136
cover possible refunds or overpayment of the tax and to 137
redeem dishonored checks and drafts deposited to the credit 138
of such accounts. After one year has elapsed after the 139
effective date of abolition of the tax in such district, the 140
director of revenue shall remit the balance in the accoun t 141
to the district and close the account of that district. The 142
director of revenue shall notify each district in each 143
instance of any amount refunded or any check redeemed from 144
receipts due the district. 145
[7.] 8. Except as provided in this section , all 146
provisions of sections 32.085 and 32.087 shall apply to the 147
tax imposed pursuant to this section. 148
[8. The provisions of this section shall expire 149
September 30, 2028.] 150
221.410. Except as provided in sections 221.400 to 1
221.420 the regional jail commission shall have the 2
following powers and duties: 3 SB 15 9
(1) It shall implement the agreement approved by the 4
counties within the district under section 221.400; 5
(2) It shall determine the means to establish a 6
regional jail for the district; 7
(3) It shall appoint a director for the regional jail; 8
(4) It shall determine the initial budget for the 9
regional jail and shall approve, after a review and a 10
majority of the commissioners concurring therein, all 11
subsequent budgets, for which proposals may be submitted by 12
the director; 13
(5) It may determine the policies for the housing of 14
prisoners within the regional jail; 15
(6) It may buy, lease or sell real or personal 16
property for the purpose of establ ishing and maintaining a 17
regional jail, and it may contract with public or private 18
entities [for the planning and acquisition of a ] to acquire, 19
construct, reconstruct, repair, alter, improve, equip, and 20
extend a regional jail; 21
(7) It may contract with [the department of 22
corrections and with cities and other counties in this 23
state] governmental entities, including, without limitation, 24
agencies and instrumentalities thereof, or private entities 25
for the housing of prisoners; 26
(8) It shall approve all positions to be created for 27
the purpose of administering the regional jail; and 28
(9) It shall approve a location for the regional jail 29
which is [generally central to ] within the district. 30
550.320. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Department", the department of corrections of the 3
state of Missouri; 4 SB 15 10
(2) "Jail reimbursement", a daily per diem paid by the 5
state for the reimbursement of time spent in custody. 6
2. Notwithstanding any other provision of law to the 7
contrary, whenever any person is sentenced to a term of 8
imprisonment in a correctional center, the department shall 9
reimburse the county or city not within a county for the 10
days the person spent in custody at a p er diem cost, subject 11
to appropriation, but not to exceed thirty -seven dollars and 12
fifty cents per day per offender. The jail reimbursement 13
shall be subject to review and approval of the department. 14
The state shall pay the costs when: 15
(1) A person is sentenced to a term of imprisonment as 16
authorized by chapter 558; 17
(2) A person is sentenced pursuant to section 559.115; 18
(3) A person has his or her probation or parole 19
revoked because the offender has, or allegedly has, violated 20
any condition of the offender's probation or parole, and 21
such probation or parole is a consequence of a violation of 22
the law, or the offender is a fugitive from the state or 23
otherwise held at the request of the department regardless 24
of whether or not a war rant has been issued; or 25
(4) A person has a period of detention imposed 26
pursuant to section 559.026. 27
3. When the final determination of any criminal 28
prosecution shall be such as to render the state liable for 29
costs under existing laws, it sh all be the duty of the 30
sheriff to certify to the clerk of the county or the chief 31
executive officer of the city not within a county the total 32
number of days any offender who was a party in such case 33
remained in the jail. It shall then be the duty of t he 34
county clerk or the chief executive officer of the city not 35
within the county to submit the total number of days spent 36 SB 15 11
in custody to the department. The county clerk or chief 37
executive officer of the city not within the county may 38
submit claims to the department, no later than two years 39
from the date the claim became eligible for reimbursement. 40
4. The department shall determine if the expenses are 41
eligible pursuant to the provisions of this chapter and 42
remit any payment to the county or ci ty not within a county 43
when the expenses are determined to be eligible. The 44
department shall establish, by rule, the process for 45
submission of claims. Any rule or portion of a rule, as 46
that term is defined in section 536.010, that is created 47
under the authority delegated in this section shall become 48
effective only if it complies with and is subject to all of 49
the provisions of chapter 536 and, if applicable, section 50
536.028. This section and chapter 536 are nonseverable and 51
if any of the powers v ested with the general assembly 52
pursuant to chapter 536 to review, to delay the effective 53
date, or to disapprove and annul a rule are subsequently 54
held unconstitutional, then the grant of rulemaking 55
authority and any rule proposed or adopted after Augu st 28, 56
2025, shall be invalid and void. 57
[221.105. 1. The governing body of any 1
county and of any city not within a county shall 2
fix the amount to be expended for the cost of 3
incarceration of prisoners confined in jails or 4
medium security institutions. The per diem cost 5
of incarceration of these prisoners chargeable 6
by the law to the state shall be determined, 7
subject to the review and approval of the 8
department of corrections. 9
2. When the final determination of any 10
criminal prosecution shall be such as to render 11
the state liable for costs under existing laws, 12
it shall be the duty of the sheriff to certify 13
to the clerk of the circuit court or court of 14
common pleas in which the case was determined 15 SB 15 12
the total number of days any prisoner who was a 16
party in such case remained in the county jail. 17
It shall be the duty of the county commission to 18
supply the cost per diem for county prisons to 19
the clerk of the circuit court on the first day 20
of each year, and thereafter w henever the amount 21
may be changed. It shall then be the duty of 22
the clerk of the court in which the case was 23
determined to include in the bill of cost 24
against the state all fees which are properly 25
chargeable to the state. In any city not within 26
a county it shall be the duty of the 27
superintendent of any facility boarding 28
prisoners to certify to the chief executive 29
officer of such city not within a county the 30
total number of days any prisoner who was a 31
party in such case remained in such facility . 32
It shall be the duty of the superintendents of 33
such facilities to supply the cost per diem to 34
the chief executive officer on the first day of 35
each year, and thereafter whenever the amount 36
may be changed. It shall be the duty of the 37
chief executive officer to bill the state all 38
fees for boarding such prisoners which are 39
properly chargeable to the state. The chief 40
executive may by notification to the department 41
of corrections delegate such responsibility to 42
another duly sworn official of such city not 43
within a county. The clerk of the court of any 44
city not within a county shall not include such 45
fees in the bill of costs chargeable to the 46
state. The department of corrections shall 47
revise its criminal cost manual in accordance 48
with this provision. 49
3. Except as provided under subsection 6 50
of section 217.718, the actual costs chargeable 51
to the state, including those incurred for a 52
prisoner who is incarcerated in the county jail 53
because the prisoner's parole or probation has 54
been revoked or because the prisoner has, or 55
allegedly has, violated any condition of the 56
prisoner's parole or probation, and such parole 57
or probation is a consequence of a violation of 58
a state statute, or the prisoner is a fugitive 59 SB 15 13
from the Missouri depart ment of corrections or 60
otherwise held at the request of the Missouri 61
department of corrections regardless of whether 62
or not a warrant has been issued shall be the 63
actual cost of incarceration not to exceed: 64
(1) Until July 1, 1996, seventeen dolla rs 65
per day per prisoner; 66
(2) On and after July 1, 1996, twenty 67
dollars per day per prisoner; 68
(3) On and after July 1, 1997, up to 69
thirty-seven dollars and fifty cents per day per 70
prisoner, subject to appropriations. 71
4. The presiding judge of a judicial 72
circuit may propose expenses to be reimbursable 73
by the state on behalf of one or more of the 74
counties in that circuit. Proposed reimbursable 75
expenses may include pretrial assessment and 76
supervision strategies for defendants who are 77
ultimately eligible for state incarceration. A 78
county may not receive more than its share of 79
the amount appropriated in the previous fiscal 80
year, inclusive of expenses proposed by the 81
presiding judge. Any county shall convey such 82
proposal to the department, and any such 83
proposal presented by a presiding judge shall 84
include the documented agreement with the 85
proposal by the county governing body, 86
prosecuting attorney, at least one associate 87
circuit judge, and the officer of the county 88
responsible for custody or incarceration of 89
prisoners of the county represented in the 90
proposal. Any county that declines to convey a 91
proposal to the department, pursuant to the 92
provisions of this subsection, shall receive its 93
per diem cost of incarceration f or all prisoners 94
chargeable to the state in accordance with the 95
provisions of subsections 1, 2, and 3 of this 96
section.] 97
Section B. Because of the immediate need for new and 1
enhanced jail facilities in the state of Missouri, the 2
repeal and reenactment of sections 221.400, 221.402, 3
221.405, 221.407, and 221.410 of this act is deemed 4 SB 15 14
necessary for the immediate preservation of the public 5
health, welfare, peace, and safety, and is hereby declared 6
to be an emergency act within the me aning of the 7
constitution, and the repeal and reenactment of sections 8
221.400, 221.402, 221.405, 221.407, and 221.410 of this act 9
shall be in full force and effect upon its passage and 10
approval. 11