544.470. Commitment of prisoner, when--presumption for aliens unlawfully present. - Missouri Statutes

Commitment of prisoner, when--presumption for aliens unlawfullypresent.

544.470. 1. If the offense is not bailable, or if the person doesnot meet the conditions for release, as provided in section 544.455, theprisoner shall be committed to the jail of the county in which the same isto be tried, there to remain until he be discharged by due course of law.

2. There shall be a presumption that releasing the person under anyconditions as provided by section 544.455 shall not reasonably assure theappearance of the person as required if the circuit judge or associatecircuit judge reasonably believes that the person is an alien unlawfullypresent in the United States. If such presumption exists, the person shallbe committed to the jail, as provided in subsection 1 of this section,until such person provides verification of his or her lawful presence inthe United States to rebut such presumption. If the person adequatelyproves his or her lawful presence, the circuit judge or associate circuitjudge shall review the issue of release, as provided under section 544.455,without regard to previous issues concerning whether the person is lawfullypresent in the United States. If the person cannot prove his or her lawfulpresence, the person shall continue to be committed to the jail and remainuntil discharged by due course of law.

(RSMo 1939 § 3877, A.L. 1972 H.B. 1160, A.L. 2008 H.B. 1549, et al.)

Prior revisions: 1929 § 3487; 1919 § 3832; 1909 § 5040