566.140. 1. Any person who has pleaded guilty to or been foundguilty of violating the provisions of this chapter and is granted asuspended imposition or execution of sentence or placed under thesupervision of the board of probation and parole shall be required toparticipate in and successfully complete a program of treatment, educationand rehabilitation designed for perpetrators of sexual offenses. Personsrequired to attend a program pursuant to this section may be charged areasonable fee to cover the costs of such program.
2. No person who provides assessment services or who makes a report,finding, or recommendation for any probationer to attend any counseling orprogram of treatment, education or rehabilitation as a condition orrequirement of probation, following the probationer's plea of guilty to ora finding of guilt of violating any provision of this chapter or chapter565, RSMo, may be related within the third degree of consanguinity oraffinity to any person who has a financial interest, whether direct orindirect, in the counseling or program of treatment, education orrehabilitation or any financial interest, whether direct or indirect, inany private entity which provides the counseling or program of treatment,education or rehabilitation. Any person who violates this subsection shallthereafter:
(1) Immediately remit to the state of Missouri any financial incomegained as a direct or indirect result of the action constituting theviolation;
(2) Be prohibited from providing assessment or counseling services orany program of treatment, education or rehabilitation to, for, on behalfof, at the direction of, or in contract with the state board of probationand parole or any office thereof; and
(3) Be prohibited from having any financial interest, whether director indirect, in any private entity which provides assessment or counselingservices or any program of treatment, education or rehabilitation to, for,on behalf of, at the direction of, or in contract with the state board ofprobation and parole or any office thereof.
3. The provisions of subsection 2 of this section shall not applywhen the department of corrections has identified only one qualifiedservice provider within reasonably accessible distance from the offender orwhen the only providers available within a reasonable distance are relatedwithin the third degree of consanguinity or affinity to any person who hasa financial interest in the service provider.
(L. 1984 H.B. 1255, A.L. 2004 H.B. 1055, A.L. 2005 H.B. 486)