577.049. Substance abuse traffic offender program, court may order participation in, when--professional assessment--supplemental fees, deposition--failure to remit, penalty.

MISSOURI STATUTES AND CODES

577.049. Substance abuse traffic offender program, court may order participation in, when--professional assessment--supplemental fees, deposition--failure to remit, penalty.

Substance abuse traffic offender program, court may orderparticipation in, when--professional assessment--supplemental fees,deposition--failure to remit, penalty.

577.049. 1. Upon a plea of guilty or a finding of guilty for an offenseof violating the provisions of section 577.010 or 577.012 or violations ofcounty or municipal ordinances involving alcohol- or drug-related trafficoffenses, the court shall order the person to participate in and successfullycomplete a substance abuse traffic offender program defined in section577.001.

2. The fees for the substance abuse traffic offender program, or aportion thereof, to be determined by the division of alcohol and drug abuse ofthe department of mental health, shall be paid by the person enrolling in theprogram. Any person who is enrolled in the program shall pay, in addition toany fee charged for the program, a supplemental fee to be determined by thedepartment of mental health for the purposes of funding the substance abusetraffic offender program defined in section 302.010, RSMo, and section577.001. The administrator of the program shall remit to the division ofalcohol and drug abuse of the department of mental health on or before thefifteenth day of each month the supplemental fees for all persons enrolled inthe program, less two percent for administrative costs. Interest shall becharged on any unpaid balance of the supplemental fees due the division ofalcohol and drug abuse pursuant to this section and shall accrue at a rate notto exceed the annual rates established pursuant to the provisions of section32.065, RSMo, plus three percentage points. The supplemental fees and anyinterest received by the department of mental health pursuant to this sectionshall be deposited in the mental health earnings fund which is created insection 630.053, RSMo.

3. Any administrator who fails to remit to the division of alcohol anddrug abuse of the department of mental health the supplemental fees andinterest for all persons enrolled in the program pursuant to this sectionshall be subject to a penalty equal to the amount of interest accrued on thesupplemental fees due the division pursuant to this section. If thesupplemental fees, interest, and penalties are not remitted to the division ofalcohol and drug abuse of the department of mental health within six months ofthe due date, the attorney general of the state of Missouri shall initiateappropriate action of the collection of said fees and interest accrued. Thecourt shall assess attorney fees and court costs against any delinquentprogram.