217.430. Residential treatment centers and community based sanctions--assignment of offenders--contracts to establish, provisions, locations--payments, how made--inmates fund established, use--regulat

MISSOURI STATUTES AND CODES

217.430. Residential treatment centers and community based sanctions--assignment of offenders--contracts to establish, provisions, locations--payments, how made--inmates fund established, use--regulat

Residential treatment centers and community basedsanctions--assignment of offenders--contracts to establish,provisions, locations--payments, how made--inmates fundestablished, use--regulation of inmates.

217.430. 1. The director may contract with private or publicorganizations and correctional facilities operated by other politicalsubdivisions in this state having suitable facilities for the establishmentof residential treatment facilities and other community-based sanctionswhere persons committed to the custody and supervision of the departmentmay be housed and supervised outside of regularly established departmentalcorrectional centers.

2. Contracts under this section shall include the following minimumconditions:

(1) The contracting parties shall agree to implement a program foreach offender assigned to a residential treatment facility or othercommunity-based sanction. The program shall be prepared in cooperationwith the department and shall take into consideration the needs andabilities of the individual;

(2) Provision shall be made for inspection of the facilities usedunder the contract on a regular basis by a full-time employee of thedepartment to assure adherence to the programs and maintenance of adequatehealth and conduct standards;

(3) Payment for housing and supervision shall be made on a monthlybasis. The director shall obligate no more than the amount appropriated ineach fiscal year's budget for such services;

(4) Offenders assigned to residential treatment facilities or othercommunity-based sanctions shall be encouraged to seek outside employmentand shall be required to pay a percentage of their earned wages establishedby the director to a maximum amount not to exceed the average daily percapita costs for maintenance of all persons committed to the departmentduring the previous fiscal year. All moneys received from the offendersshall be paid into the state treasury and credited to the "Inmate Fund",which is hereby created. This fund shall be supervised by the director andall expenditures therefrom shall be approved by the director. The fundsshall be used as provided by appropriation, to support offenders ineducation programs, drug treatment programs, residential treatmentfacilities, other community-based sanctions, electronic monitoring, or inwork or educational release programs;

(5) Offenders assigned to residential treatment facilities or othercommunity-based sanctions shall be governed by the same laws anddepartment, division, and correctional center rules as apply to all personscommitted to the department. Individuals assigned to a residentialtreatment facility or other community-based sanctions from a departmentfacility may be returned to a correctional center of the department forinfractions of rules or failure to comply with a release program;

(6) No residential treatment facility may be located in anyunincorporated area of a county or within a city where the zoning is forsingle-family residency use or occupancy, without prior approval of thegoverning body of the county or city.