217.831. Director to report to attorney general on offender's assets and cost of care--attorney general's power to investigate and seek reimbursement, when.

MISSOURI STATUTES AND CODES

217.831. Director to report to attorney general on offender's assets and cost of care--attorney general's power to investigate and seek reimbursement, when.

Director to report to attorney general on offender's assets and costof care--attorney general's power to investigate and seekreimbursement, when.

217.831. 1. The director shall forward to the attorney general areport on each offender containing a completed form pursuant to theprovisions of section 217.829 together with all other information availableon the assets of the offender and an estimate of the total cost of care forthat offender.

2. The attorney general may investigate or cause to be investigatedall reports furnished pursuant to the provisions of subsection 1 of thissection. This investigation may include seeking information from anysource that may have relevant information concerning an offender's assets.The director shall provide all information possessed by the department andits divisions and agencies, upon request of the attorney general, in orderto assist the attorney general in completing his duties pursuant tosections 217.825 to 217.841.

3. If the attorney general upon completing the investigation undersubsection 2 of this section has good cause to believe that an offender orformer offender has sufficient assets to recover not less than ten percentof the estimated cost of care of the offender or ten percent of theestimated cost of care of the offender for two years, whichever is less, orhas a stream of income sufficient to pay such amounts within a five-yearperiod, the attorney general may seek to secure reimbursement for theexpense of the state of Missouri for the cost of care of such offender orformer offender.

4. The attorney general, or any prosecuting attorney on behalf of theattorney general, shall not bring an action pursuant to this sectionagainst an offender or former offender after the expiration of five yearsafter his release from the jurisdiction of the department.

(L. 1988 H.B. 1340 & 1348 §§ 4, 5 subsecs. 1, 2, A.L. 1995 H.B. 424)
(2005) Ten percent threshold requirement in subsection 3 is a condition precedent to the discretionary filing of a petition by the Attorney General, and not a condition precedent to an actual reimbursement. State ex rel. Nixon v. Koonce, 163 S.W.3d 603 (Mo.App.W.D.).