217.835. Jurisdiction, certain circuit courts--service--hearing--support obligations of offender to be considered--court order to reimburse, when.

MISSOURI STATUTES AND CODES

217.835. Jurisdiction, certain circuit courts--service--hearing--support obligations of offender to be considered--court order to reimburse, when.

Jurisdiction, certain circuit courts--service--hearing--supportobligations of offender to be considered--court order to reimburse,when.

217.835. 1. The circuit court shall have exclusive jurisdiction overall proceedings seeking reimbursement from offenders pursuant to theprovisions of sections 217.825 to 217.841. The attorney general may file acomplaint in the circuit court for the county or city from which a prisonerwas sentenced or in the circuit court in the county or city of the officeof the director of the department, against any person under thejurisdiction of the department stating that the person is or has been anoffender in a state correctional center, that there is good cause tobelieve that the person has assets, and praying that the assets be used toreimburse the state for the expenses incurred or to be incurred, or both,by the state for the cost of care of the person as an offender.

2. Upon the filing of the complaint under subsection 1 of thissection, the court shall issue an order to show cause why the prayer of thecomplainant should not be granted. The complaint and order shall be servedupon the person personally, or, if the person is confined in a statecorrectional center, by registered mail addressed to the person in care ofthe chief administrator of the state correctional center where the personis housed, at least thirty days before the date of hearing on the complaintand order.

3. At the time of the hearing on the complaint and order, if itappears that the person has any assets which ought to be subjected to theclaim of the state pursuant to the provisions of sections 217.825 to217.841, the court shall issue an order requiring any person, corporation,or other legal entity possessed or having custody of such assets, toappropriate and apply such assets or a portion thereof to satisfy suchclaim.

4. At the hearing on the complaint and order and before entering anyorder on behalf of the state against the defendant, the court shall takeinto consideration any legal obligation of the defendant to support aspouse, minor children, or other dependents and any moral obligation tosupport dependents to whom the defendant is providing or has in factprovided support.

5. If the person, corporation, or other legal entity shall neglect orrefuse to comply with an order issued pursuant to subsection 3 of thissection, the court shall order the person, corporation, or other legalentity to appear before the court at such time as the court may direct andto show cause why the person, corporation, or other legal entity should notbe considered in contempt of court.

6. If, in the opinion of the court, the assets of the prisoner aresufficient to pay the cost of the proceedings undertaken pursuant to theprovisions of sections 217.825 to 217.841, the prisoner shall be liable forthose costs upon order of the court.