217.827. Definitions. - Missouri Statutes

Definitions.

217.827. As used in sections 217.825 to 217.841, the following termsshall mean:

(1) (a) "Assets", property, tangible or intangible, real orpersonal, belonging to or due an offender or a former offender, includingincome or payments to such offender from Social Security, workers'compensation, veterans' compensation, pension benefits, previously earnedsalary or wages, bonuses, annuities, retirement benefits, or from any othersource whatsoever, including any of the following:

a. Money or other tangible assets received by the offender as aresult of a settlement of a claim against the state, any agency thereof, orany claim against an employee or independent contractor arising from and inthe scope of said employee's or contractor's official duties on behalf ofthe state or any agency thereof;

b. A money judgment received by the offender from the state as aresult of a civil action in which the state, an agency thereof or any stateemployee or independent contractor where such judgment arose from a claimarising from the conduct of official duties on behalf of the state by saidemployee or subcontractor or for any agency of the state;

c. A current stream of income from any source whatsoever, including asalary, wages, disability, retirement, pension, insurance or annuitybenefits or similar payments;

(b) "Assets" shall not include:

a. The homestead of the offender up to fifty thousand dollars invalue;

b. Money saved by the offender from wages and bonuses up to twothousand five hundred dollars paid the offender while he or she wasconfined to a state correctional center;

(2) "Cost of care", the cost to the department of corrections forproviding transportation, room, board, clothing, security, medical, andother normal living expenses of offenders under the jurisdiction of thedepartment, as determined by the director of the department;

(3) "Department", the department of corrections of this state;

(4) "Director", the director of the department;

(5) "Offender", any person who is under the jurisdiction of thedepartment and is confined in any state correctional center or is under thecontinuing jurisdiction of the department;

(6) "State correctional center", a facility or institution whichhouses an offender population under the jurisdiction of the department.State correctional center includes a correctional camp, communitycorrection center, honor center, or state prison.

(L. 1988 H.B. 1340 & 1348 § 2, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

(1998) Prisoner's federal civil service pension was exempt under federal law. State ex rel. Nixon v. McClure, 969 S.W.2d 801 (W.D.Mo.).

(2003) Assets available for reimbursement to state do not include portion of judgment equal to attorney fees and expenses incurred in securing judgment. State ex rel. Nixon v. Karpierz, 105 S.W.3d 487 (Mo.banc).

(2008) Section's definition of assets is not void for vagueness. State ex rel. Nixon v. Peterson, 253 S.W.3d 77 (Mo.banc).