CCS/SS/SCS/HCS/HBs 374 & 434 - This act modifies various provisions relating to judicial procedures.RELEASING INFORMATION (32.056):
First, the act repeals the requirement that a member of the judiciary must notify the Department of Revenue when the member's status changes and the member no longer qualifies for the exemption from the release of certain information.
This provision is identical to provisions in HCS/SB 100 (2013) and HCS/HB 371 (2013).
CRIMINAL RECORDS AND JUSTICE INFORMATION ADVISORY COMMITTEE (43.518):
Within the Department of Public Safety there is a Criminal Records and Justice Information Advisory Committee, which is composed of various members. This act replaces the chairman of the circuit court budget committee as a member of the committee with the chairman of the court automation committee.
This provision is similar to provisions in HCS/SB 100 (2013) and identical to provisions in HCS/HB 371 (2013) and SCS/HCS/HB 215 (2013).
ADMINISTRATIVE CHILD SUPPORT ORDERS (454.475):
This act grants the authority to administrative hearing officers from the Department of Social Services to set aside or correct administrative child support decisions or orders and proposed administrative modifications of a judicial order. Such authority to set aside or correct decisions, orders or modifications must be done after written notice and an opportunity to respond to all parties and any objection or response to such motion shall be made in writing within 15 days from the filing of the motion to correct or set aside. The act specifies the conditions and time frame under which the corrections can be made.
Specifically, no order, decision or modification based on errors arising from mistake, fraud, misrepresentation, excusable neglect or inadvertence may be corrected prior to being filed with the court provided the written motion is mailed to all parties and filed within 60 days of the administrative decision, order or proposed decision and order. Any objection or response to the motion shall be filed within 15 days from the mailing of the motion. No decision, order, or proposed modification of a judicial order may be vacated after 90 days from the mailing of the administrative decision, order, or proposed modification of a judicial order.
In cases of lack of jurisdiction, the hearing officer may, after notice to the parties, on his or her own initiative or upon the motion of any party or the Family Support Division, vacate the administrative order or proposed administrative modification of a judicial order if it is found the order, decision or modification was without subject matter or personal jurisdiction or due process and the order, decision or modification had not been filed with the court.
This act also specifies, however, that no corrections shall be made during the court's review of the applicable administrative decision, order or proposed order as authorized under the judicial review procedures for such administrative decisions under Chapter 536, RSMo, except in response to an express order from the reviewing court.
These provisions are identical to SCS/SB 69 (2013) and to provisions in HCS/SB 100 (2013).
SEGREGATION OF FEES COLLECTED BY THE OFFICE OF STATE COURTS ADMINISTRATOR (476.057):
The act specifies that moneys collected for a particular purpose by the Office of State Courts Administrator shall be segregated and not disbursed for any other purpose.
This provision is identical to provisions in HCS/SB 100 (2013) and HCS/HB 371 (2013).
JUDICIAL/CLERICAL WEIGHTED WORKLOAD MODEL (477.405):
The act states that the Supreme Court shall submit a judicial weighted workload model and a clerical weighted workload model annually to the chairs of both the House and the Senate Judiciary Committees to be distributed to the members of the General Assembly.
This provision is identical to provisions in HCS/SB 100 (2013).
VETERANS TREATMENT COURTS (478.008):
This act authorizes circuit courts or a combination of circuits to create veterans treatment courts. These courts will handle cases involving substance abuse or mental illness of current or former military personnel. Circuit courts must enter into a memorandum of understanding with participating prosecuting attorneys, and other interested parties.
Veterans treatment courts may accept participants from other jurisdictions when there is not a veterans treatment court in the jurisdiction where the participant is charged and as long as other criteria are met.
The veteran treatment courts shall refer participants to substance abuse and mental health treatments. Any statements made by a participant during treatment or reports prepared by staff of the treatment program shall not be admissible as evidence against the participant in judicial proceedings. Veterans treatment court staff shall be informed of matters relevant to a participant's treatment, but records and reports are to be treated as confidential and not available to the public.
These provisions are substantially similar to SCS/SB 118 (2013)
JUDICIAL CIRCUIT REALIGNMENT (478.073):
This act authorizes the Judicial Conference to alter the circuit court boundaries by means of a circuit realignment plan every twenty years beginning in year 2020. The Judicial Conference must submit the circuit realignment plan, along with certain supporting information within the first ten calendar days of regular session to the chairs of the House and Senate Judiciary Committee, the Chief Clerk of the House of Representatives, and the Secretary of the Senate. The circuit realignment plan shall become effective the following January unless a bill realigning the judicial circuits is presented to the governor and is duly enacted. The existing number of circuits shall not be altered, and the current circuits will remain in law until December 31, 2020.
This provision is similar to provisions in HCS/HB 373 & 435 (2013) and similar to SB 22 (2013).
TRANSFER OF JUDICIAL POSITIONS (478.320):
When a judicial weighted workload indicates for three consecutive years that a judicial circuit with a population of one-hundred thousand or more is in need of four or more full-time judicial positions, then there shall be one additional associate circuit judge position in such circuit. In circuits composed of multiple counties, the additional associate circuit judge position shall be apportioned among the counties based on population.
This provision is identical to provisions in HCS/SB 100 (2013).
REIMBURSEMENT OF FAMILY COURT COMMISSIONERS (487.020, 488.426):
Currently, the state must be reimbursed for the salaries of family court commissioners appointed after August 28, 1993. There is an exception for the eleventh judicial circuit which allows one family court commissioner to be compensated by the state without requiring reimbursement. The state-paid commissioner is subject to appropriation. This act creates a similar exception for the thirteenth and thirty-first judicial circuits.
This act also modifies provisions which allow Jackson County to charge up to a twenty dollar surcharge when a party files a civil court case. Currently, only Jackson County can charge twenty dollars, and all other circuits may charge up to fifteen dollars. This act authorizes any circuit court which reimburses the state for the salaries of family court commissioners to charge up to a twenty dollar surcharge for such cases.
These provisions are substantially similar to SB 45 (2013), HB 376 (2013), SB 44 (2013), HCS/SB 100 (2013), HB 323 (2013), and HCS/HB 371 (2013).
COURT TRANSCRIPT COSTS (488.2250):
The act specifies that the court reporter shall receive three dollars and fifty cents per page for appeal transcripts. When the defendant is indigent or when a judge orders a transcript, the court reporter shall receive two dollars and sixty cents per page.
This provision is identical to provisions in HCS/HB 215 (2013), HCS/SB 100 (2013), and HCS/HB 371 (2013).
MODEX FUND (488.5320):
Currently, sheriffs, county marshals and other officers are not allowed to charge for their services rendered in cases disposed of by a violations bureau. This act allows these officials to charge for their services, even when a case is disposed of by a violations bureau. One-half of the amount collected will be deposited in the MODEX fund. The other half will be deposited in the inmate security fund of the county or municipality where the citation originated. If the county or municipality does not have an inmate security fund, all of the amount collected shall be deposited in the MODEX fund.
This act also creates the MODEX fund. The fund will be used for the support and expansion of the Missouri Data Exchange (MODEX) system. The Peace Officers Standards and Training Commission will administer the fund.
The act specifies that sheriffs, county marshals or other officers located in St. Louis County or St. Louis City cannot charge for their services rendered in cases disposed of by a violations bureau.
These provisions are identical to provisions in HCS/SB 100 (2013) and HCS/HB 371 and similar to provisions in SCS/SB 52 (2013), HCS/HB 160 (2013), HB 86 (2013), and HB 464 (2013).
BANKRUPTCY PROCEEDINGS EXEMPTIONS (513.430):
Under current law a person, either as a participant or a beneficiary, can exempt from attachment in bankruptcy proceedings the right to receive money from a retirement or profit-sharing plan. This act includes a person's interest in health savings plans and inherited accounts to this list of exemptions.
This provision is identical to provisions in HCS/SB 100 (2013), SCS/HB 329 (2013), and HB 447 (2013).
WAIVER OF COURT COSTS (514.040):
Currently when a legal aid society, legal services, or a nonprofit organization represents an indigent party in a civil case, the court costs and expenses are waived without motion and court approval, provided that the organization has already determined the party is unable to pay the expenses and filed the determination with the court. This act adds law school clinics to the list of organizations who may waive court expenses without filing a motion with the court.
This provision is identical to SCS/SB 245 (2013).
COST OF ELECTRONIC MONITORING (544.455, 557.011):
Under current law, a judge may release a person charged with a crime pending trial and place the person on house arrest with electronic monitoring if the person can afford the costs of the monitoring. A judge can also order that a person convicted of a crime and placed on probation be placed on house arrest with electronic monitoring if the person can afford the costs of monitoring. This act provides that in both scenarios a person may be placed on electronic monitoring if the person can afford the costs or the county commission agrees to pay the costs of the monitoring from its general revenue.
This provision is identical to provisions in SCS/SB 215 (2013) and SB 327 (2013).
DEPARTMENT OF CORRECTIONS 120-DAY PROGRAM (559.036, 559.115):
Under current law, a court must place certain defendants who have violated the terms of probation in one of the Department of Corrections' 120-day programs before revoking probation. This act provides that a court may revoke a defendant's probation without placing the defendant in a 120-day program if the defendant consents to the revocation. The act repeals a provision of current law requiring a circuit court to release an offender who participates in a 120-day Department of Corrections program unless the release constitutes an abuse of discretion.
This act leaves in place provisions of current law that require the court to follow the recommendation of the Department regarding the release of an offender who participates in a 120-day program unless the court determines probation is not appropriate.
The act provides that the offender's sentence may only be executed after conducting a hearing on the matter within 90 to 120 days from the date the offender was delivered to the Department of Corrections rather than within 90 to 120 days from the date the offender was sentenced.
Current law provides that the Department of Corrections must provide a report and recommendations for terms and conditions of probation to the court after 100 days of incarceration if the department determines that an offender is not successful in a program. The court must then release the offender on probation or order the offender to remain incarcerated to serve the sentence imposed. This act provides that if the department determines the offender has not successfully completed a 120-day program, the offender must be removed from the program and the court advised of the removal. The department may provide recommendations for terms and conditions of probation. The court then has the power to grant probation or order execution of the offender's sentence.
This act provides that the court must consider other authorized dispositions if the court is advised that an offender is not eligible for placement in a 120-day program.
Under the act, the department must provide a report and sentencing recommendation to the court when an offender completes a sexual offender assessment. This act also specifies that a sexual offender assessment shall not be considered a 120-day program and identifies the provisions containing the process for granting probation to an offender who has completed the sexual offender assessment. The act repeals a provision requiring the court to request certain offenders be placed in the sexual offender assessment unit of the Department of Corrections.
Current law provides that an offender's first incarceration for 120 days in a Department of Corrections program prior to release on probation shall not be considered a previous prison commitment for purposes of sentencing for subsequent crimes. This act provides that an offender's first incarceration prior to release on probation - even if the offender does not participate in a 120-day program - shall not be considered a previous prison commitment.
These provisions are substantially similar to SCS/HCS/HB 215 (2013), and identical to SCS/SB 380 (2013).
MONITORING OF SEXUALLY VIOLENT PREDATORS (632.498, 632.505, Section 1):
The act modifies the list of persons who shall be served with the petition for conditional release of a sexually violent predator to include the prosecuting attorney of the jurisdiction where the person is to be released.
When a person designated as a sexually violent predator is electronically monitored while on conditional release, the Department of Corrections must provide, upon request, the chief of the law enforcement agency for the county or city where the facility that released the offender is located with access to the real-time and recorded information collected by the electronic monitoring, including any alerts generated by the technology. The access must continue while the person is living in the county, city, town, or village where the facility that released the offender is located. The electronic information must be closed and not disclosed to anyone outside of the law enforcement agency, except upon an order of the court supervising the conditional release.
The act also specifies that it is the intent of the legislature to reject and abrogate earlier case law interpretations on the definition of "sexually violent offense."
These provisions are identical to provisions in HCS/SB 188 (2013), HB 301 (2013), and SCS/HCS/HB 215 (2013).
JESSICA BAKER