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Fines and Fees
| State | Statute | Description/Statute Name | Statutory language | Amount | Level of offense | Mandatory | Imposed by | Delegation of authority | |
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Missouri | Mo. Rev. Stat. § 565.024.2 | Involuntary manslaughter, first degree | The offense of involuntary manslaughter in the first degree is a class C felony. | $0 - $10000 | Felony | Yes | Court | N/A |
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Missouri | Mo. Rev. Stat. § 565.025.2 | Involuntary manslaughter, second degree | The offense of involuntary manslaughter in the second degree is a class E felony. | $0 - $10000 | Felony | Yes | Court | N/A |
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Missouri | Mo. Rev. Stat. § 565.052.3 | Assault, second degree |
The offense of assault in the second degree is a class D felony, unless the victim of such assault is a special victim, as the term "special victim" is defined + See moreunder section 565.002, in which case it is a class B felony.
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$0 - $10000 | Felony | Yes | Court | N/A |
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Missouri | Mo. Rev. Stat. § 565.054.2 | Assault, third degree |
The offense of assault in the third degree is a class E felony, unless the victim of such assault is a special victim, as the term "special victim" is defined + See moreunder section 565.002, in which case it is a class D felony.
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$0 - $10000 | Felony | Yes | Court | N/A |
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Missouri | Mo. Rev. Stat. § 565.056.2 | Assault fourth degree | Except as provided in subsection 3 of this section, assault in the fourth degree is a class A misdemeanor. | $0 - $2000 | Misdemeanor | Yes | Court | N/A |
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Missouri | Mo. Rev. Stat. § 565.056.3 | Assault fourth degree |
Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is a class C misdemeanor unless the victim is a special victim, as the term + See more"special victim" is defined under section 565.002, in which case a violation of such provisions is a class A misdemeanor.
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$0 - $750 | Felony | Yes | Court | N/A |
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Missouri | Mo. Rev. Stat. § 565.073.2 | Domestic assualt, second degree | The offense of domestic assault in the second degree is a class D felony. | $0 - $10000 | Felony | Yes | Court | N/A |
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Missouri | Mo. Rev. Stat. § 565.074.2 | Domestic assault, third degree | The offense of domestic assault in the third degree is a class E felony. | $0 - $10000 | Felony | Yes | Court | N/A |
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Missouri | Mo. Rev. Stat. § 565.076.2 | Domestic assault, fourth degree |
The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has previously been found guilty of the offense of assault of a domestic + See morevictim two or more times, in which case it is a class E felony.
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$0 - $2000 | Misdemeanor | Yes | Court | N/A |
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Missouri | Mo. Rev. Stat. § 565.076.2 | Domestic assault, fourth degree |
The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has previously been found guilty of the offense of assault of a domestic + See morevictim two or more times, in which case it is a class E felony.
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$0 - $10000 | Felony | Yes | Court | N/A |
Poverty Penalties and Poverty Traps
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Missouri | Mo. Ann. Stat. § 558.006 | Response to nonpayment |
When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the fine or installment shall be collected by any means authorized for the enforcement collection of money judgments, other than a lien against real estate, or may be waived at the discretion of the sentencing judge.
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Other, Wage/bank account garnishment | All | No |
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Missouri | Mo. Ann. Stat. § 559.016(3) | Terms of probation - extension |
The court may extend a period of probation, however, no more than one extension of any probation may be ordered except that the court may extend the total time on probation by one additional year by order of the court if the defendant admits he or she has violated the conditions of his or her probation or is found by the court to have violated the conditions of his or her probation.
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Condition or extension of supervision | All | No |
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Missouri | Mo. Ann. Stat. § 559.021(2)(1) | Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when |
In addition to such other authority as exists to order conditions of probation, the court may order such conditions as the court believes will serve to compensate the victim, any dependent of the victim, any statutorily created fund for costs incurred as a result of the offender's actions, or society. Such conditions may include restorative justice methods pursuant to section 217.777, or any other method that the court finds just or appropriate including, but not limited to: (1) Restitution to the victim or any dependent of the victim, or statutorily created fund for costs incurred as a result of the offender's actions in an amount to be determined by the judge.
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Condition or extension of supervision | All | No |
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Missouri | Mo. Ann. Stat. § 476.120 | Punishment for contempt |
Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court. |
Incarceration, Increased fine | All | No |
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Missouri | Mo. Ann. Stat. § 488.020 | Collection of court costs, when, how |
Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.
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Incarceration, Increased fine, Other | All | No |
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Missouri | Mo. Rev. Stat. § 488.020(3)-(4) | Collection of court costs, when, how |
The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due. If any court cost is not paid when due, the following actions may be taken:
(3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any payment by the state to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court; (4) Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.
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Collection fee/interest, Incarceration, Increased fine, Other, Wage/bank account garnishment | All | No |
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Missouri | Mo. Const. Art. 1, § 11 | Imprisonment for debt |
That no person shall be imprisoned for debt, except for nonpayment of fines and penalties imposed by law. |
Incarceration | All | No |
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Missouri | Mo. Ann. Stat. § 600.090(2) | Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected |
If at any time, either during or after the disposition of his case, such defendant becomes financially able to meet all or some part of the cost of services rendered to him, he shall be required to reimburse the commission in such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with a schedule of charges for public defender services prepared by the commission.
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Payment plan/installment plan | All | No |
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Missouri | Mo. Ann. Stat. § 600.090(2)(1) | Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected |
The reasonable value of the services rendered to a defendant pursuant to sections 600.011 to 600.048 and 600.086 to 600.096 may in all cases be a lien on any and all property to which the defendant shall have or acquire an interest. The public defender shall effectuate such lien whenever the reasonable value of the services rendered to a defendant appears to exceed one hundred fifty dollars and may effectuate such lien where the reasonable value of those services appears to be less than one hundred fifty dollars.
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Property liens | All | No |
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Missouri | Mo. Ann. Stat. § 600.093 | Probation, payment for services may be condition |
The court may require a defendant to repay all or a part of the value of the legal services rendered by the state public defender system as a condition of probation.
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Condition or extension of supervision | All | No |
Ability to Pay
| State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Missouri | Mo. Ann. Stat. § 557.011 | Authorized dispositions |
In the event a sentence of confinement is ordered executed, a court may order that an individual serve all or any portion of such sentence on electronic monitoring; except that all costs associated with the electronic monitoring shall be charged to the person on house arrest. If the judge finds the person unable to afford the costs associated with electronic monitoring, the judge may order that the person be placed on house arrest with electronic monitoring if the county commission agrees to pay the costs of such monitoring. If the person on house arrest is unable to afford the costs associated with electronic monitoring and the county commission does not agree to pay from the general revenue of the county the costs of such electronic monitoring, the judge shall not order that the person be placed on house arrest with electronic monitoring.
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Unable to afford costs |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Payment by county |
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Missouri | Mo. Ann. Stat. § 559.021(6) | Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when |
A defendant who fails to make a payment to a county law enforcement restitution fund may not have his or her probation revoked solely for failing to make such payment unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of the evidence that the defendant either willfully refused to make the payment or that the defendant willfully, intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources to pay.
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All |
Not provided for |
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge after hearing | Yes |
Probation not revoked |
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Missouri | Mo. Ann. Stat. § 479.260(1) | Court costs and fees, judicial education fund, purpose, administration |
Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to sections 488.010 to 488.020 for each municipal ordinance violation case filed before a municipal judge, and in the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.
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Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Fees not assessed. |
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Missouri | Mo. Ann. Stat. § 600.090(1) | Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected |
If a person is determined to be eligible for the services provided by the state public defender system and if, at the time such determination is made, he is able to provide a limited cash contribution toward the cost of his representation without imposing a substantial hardship upon himself or his dependents, such contribution shall be required as a condition of his representation by the state public defender system.
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All |
Able to provide limited cash contribution without imposing substantial hardship upon himself or his dependents. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Payment of total costs of representation |
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Missouri | Mo. Ann. Stat. § 558.008 | Revocation of a fine |
A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.
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All |
Unjust to require payment |
At defendant's request at enforcement | Not provided for | Not provided for | No |
Revocation of fine |
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Missouri | Mo. Rev. Stat. § 479.260(2) | Court costs and fees, judicial education fund, purpose, administration |
In municipal ordinance violation cases which are filed in the associate circuit division of the circuit court, fees shall be assessed in each case in an amount to be set pursuant to sections 488.010 to 488.020. In the event a defendant pleads guilty or is found guilty, the judge shall assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.
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All |
Indigent and unable to pay the costs |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Costs not assessed. |
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Missouri | Mo. Ann. Stat. § 558.004(1) | Imposition of fines |
In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view of the financial resources of an individual. The court shall not sentence an offender to pay a fine in any amount which will prevent him or her from making restitution or reparation to the victim of the offense.
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All |
Financial resources and burden caused by fine. |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Fine proportional to defendant's resources |
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Missouri | Mo. Ann. Stat. § 600.086(3),(6) | Eligibility for representation, rules to establish--indigency, how determined, procedure, appeal--false statements, penalty--investigation authorized |
3. The determination of indigency of any person seeking the services of the state public defender system shall be made by the defender or anyone serving under him at any stage of the proceedings. Upon motion by either party, the court in which the case is pending shall have authority to determine whether the services of the public defender may be utilized by the defendant. Upon the courts finding that the defendant is not indigent, the public defender shall no longer represent the defendant. Any such person claiming indigency shall file with the court an affidavit which shall contain the factual information required by the commission under rules which may be established by the commission in determining indigency.
6. The burden shall lie on the accused or the defendant to convince the defender or the court of his eligibility to receive legal services, in any conference, hearing or question thereon. |
All |
Indigent |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Representation by public defender |
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Missouri | Mo. Ann. Stat. § 488.020 | Collection of court costs, when, how |
Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.
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All |
Not provided for |
At enforcement of fine or fee | Not provided for | Not provided for | No |
N/A |
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Missouri | Mo. Ann. Stat. § 488.65 | Expungement cases under section 610.140, surcharge, amount, waiver |
There shall be assessed as costs a surcharge in the amount of two hundred fifty dollars on all petitions for expungement filed under the provisions of section 610.140. The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Surcharge waiver |
Transparency
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Missouri | Mo. Ann. Stat. § 559.231 | Board of probation - records |
It shall be the duty of said board to keep a record of persons paroled and, as far as possible, of their whereabouts, occupation and conduct, and a record of the final discharge of such persons upon parole, or the revocation of any parole and the reasons therefor.
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Obligation to collect or record | Supervision agency |
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Missouri | Mo. Ann. Stat. § 476.010 | Courts of record |
The supreme court of the state of Missouri, the court of appeals, and the circuit courts shall be courts of record, and shall keep just and faithful records of their proceedings. Notwithstanding the foregoing, municipal divisions of the circuit courts shall not be considered courts of record, regardless of whether or not a verbatim record of proceedings before the division is kept.
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Obligation to collect or record | State courts |
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Missouri | Mo. Ann. Stat. § 476.260 | Court to audit accounts |
The court shall audit and adjust the accounts of the sheriff or other officer attending it, and certify the same for payment. |
Obligation to report/conduct analysis | State courts |
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Missouri | Mo. Ann. Stat. § 476.412 | Reports, statistical information on caseload, filed with supreme court, when--contents |
In addition to any other report required by law or court rule, or in conjunction with such report, each presiding judge of a judicial circuit and the chief judge of each district of the court of appeals shall file an annual report by September first of each year or such other date as directed by the supreme court. The report shall be in the form prescribed by the state courts administrator and shall provide statistical information, where applicable, on the performance of the reporting court and each judge of the reporting court in relation to caseload handled by the court during the period between reports, the rate of disposition of cases, the average duration of cases until final disposition, the number of cases requiring trial, the number of cases disposed of by settlement, the average time between filing of a case and final disposition and the average projected time between filing of a case and final disposition. Such statistical information shall be particularized according to type of case, including but not limited to personal injury, contract, domestic relations, equity, juvenile, felonies and misdemeanors. The report made by the presiding judge of each circuit shall also include the number and type of circuit division cases handled by associate circuit judges and the number and type of such cases handled by senior judges, if any, assigned to the circuit. Each report shall also include an analysis by the reporting judge on the success of the court in handling its caseload, procedures adopted by the court to handle caseload, projected ability of the court under existing conditions to handle projected future caseload, any needs of the court for additional judges, additional court personnel, space, facilities, and equipment and necessary or desired changes in court rules or procedures or in state law. In connection with any recommendation for additional judges, the report shall specify in detail the conditions requiring additional judges and whether the needs of the court could be satisfied by the appointment of senior judges as provided in section 476.681, or by assignment of judges from other circuits, how many such judges would be required, for what periods of time, and the type of cases proposed to be handled.
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Obligation to report/conduct analysis | State courts |
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Missouri | Mo. Ann. Stat. § 479.080(3) | Fines and costs, where paid, deposited--supreme court may provide for uniform procedure Currentness |
The supreme court by administrative rule may provide for uniform procedure, and reporting forms for the collection and transmittal of fines and costs. Until modified or otherwise provided by such administrative rule, the municipal judge, or associate circuit judge hearing and determining violations of municipal ordinances, shall cause the clerk serving his division, within the first ten days of every month, to make out a list of all the cases heard or tried before the judge during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of costs, the names of defendants committed and the cases in which there was an application for trial de novo, respectively. Such clerk or the judge shall verify such lists and statements by affidavit, and file the same forthwith with the clerk of the municipality, who shall lay the same before the governing body or the municipality at its first session thereafter.
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Obligation to collect or record | Clerk |
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Missouri | Mo. Ann. Stat. § 483.55(3) | Clerks to charge, collect court costs, when |
In divisions presided over by associate circuit judges for which the circuit clerk is not responsible for collecting court costs as hereinabove provided, the associate circuit judge shall designate by order entered of record a division clerk who shall be responsible for the collection of all court costs with respect to cases in the division; or if there be a centralized filing and docketing system for two or more divisions presided over by an associate circuit judge, then a division clerk or clerks shall be designated in accordance with the provisions of local circuit court rule by an order which shall be entered of record, and if there be no such rule adopted, then a majority of the associate circuit judges being served shall designate a division clerk or clerks who shall be responsible for the collection of all court costs with respect to cases in the divisions served by the centralized filing and docketing system.
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Obligation to collect or record | Clerk |
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Missouri | Mo. Ann. Stat. § 483.55(5) | Clerks to charge, collect court costs, when |
The responsible clerks shall make periodic reports of delinquent court costs which are due at such times and in such form as may be required by the state courts administrator. |
Obligation to collect or record | Clerk |
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Missouri | Mo. Ann. Stat. § 550.26(1),(3) | Criminal court cost bills, certification for payment |
1. All criminal court cost bills shall be certified for payment as herein provided, and in addition thereto the circuit clerks of each county shall make copies of all original criminal court cost bills certified to the director of the department of corrections for payment, and shall file the same with the treasurers of their respective counties, and the city of St. Louis, at the time of transmitting the original for payment.
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Obligation to collect or record | Clerk, Other |
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Missouri | Payment of fees--deductions | Mo. Ann. Stat. § 550.27 |
The county treasurers shall pay out all such fees to the proper owners as the same may be called for; provided, that before any such fees shall be paid the party to whom the same is due shall furnish satisfactory evidence to the treasurer that he or she, as the case may be, is not at the time indebted to the state or county, on account of delinquent back taxes, or is indebted to the state or county on account of any fine, penalty, forfeitures or forfeited recognizances or costs for a violation of any criminal statute of this state, or for contempt of any court, no matter if the same shall have been paid by oath of insolvency as provided by law; or is indebted to the state or any county on account of any funds coming to his hands by reason of any public office; provided further, that after deducting the amount of the indebtedness of the claimant, if any, on account of any or all of the various causes herein enumerated, the treasurer shall pay him the balance, giving duplicate receipts for the separate amounts paid, one of which shall be filed with the county clerk, who shall charge the treasurer with the same, but if the indebtedness of the claimant equals or exceeds the amount of his fees, the treasurer shall give him credit for the amount of his fees, stating on what account, and shall make duplicate receipts for the same, one of which he shall deliver to the claimant and the other he shall file with the county clerk, who shall charge the treasurer with all such receipts, and in his regular settlements with the county commission the treasurer shall make a full and complete exhibit of all his acts and doings under sections 550.260 to 550.300.
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Obligation to collect or record | Other |
Collections Infrastructure
| State | Statute | Description/Statute Name | Statutory language | Who may collect | |
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Missouri | Mo. Rev. Stat. § 488.5030 | Contracting for collection of delinquent court-ordered payments authorized--fees added to amount due |
To collect on past-due court-ordered penalties, fines, restitution, sanctions, court costs, including restitution and juvenile monetary assessments, or judgments to the State of Missouri or one of its political subdivisions, any division of the circuit court may contract with public agencies or with private entities operating under a contract with a state agency or the office of state courts administrator. Any fees or costs associated with such collection efforts shall be added to the amount due, but such fees and costs shall not exceed twenty percent of the amount collected.
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Private actors |
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Missouri | Mo. Ann. Stat. § 600.090(3) | Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected |
The commission may contract with private attorneys for the collection and enforcement of liens and other judgments owed to the state for services rendered by the state public defender system. |
Private actors |
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Missouri | Mo. Rev. Stat. § 488.020 | Collection of court costs, when, how |
Except as otherwise provided by law, all court costs are payable prior to the time the service is rendered; provided that if the amount of such court cost cannot be readily determined, then the clerk shall collect a deposit based upon the likely amount of such court cost, and the balance of such court cost shall be payable immediately upon ascertainment of the proper amount of said court cost.
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Clerk |
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Missouri | Mo. Ann. Stat. § 476.385(3) | Schedule of fines committee, appointment, duties, powers--associate circuit judges may adopt schedule--central violations bureau established--powers, duties |
There shall be a centralized bureau to be established by supreme court rule in order to accept pleas of not guilty or guilty and payments of fines and court costs for violations of the laws and ordinances described in subsection 1 of this section, made pursuant to a schedule of fines established pursuant to this section. The centralized bureau shall collect, with any plea of guilty and payment of a fine, all court costs which would have been collected by the court of the jurisdiction from which the violation originated.
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State/statewide agency |
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Missouri | Mo. Ann. Stat. § 483.500 | Fees of the clerks of the supreme court and court of appeals--collection |
1. An appellant or plaintiff in error shall pay court costs in an amount determined pursuant to sections 488.010 to 488.020; provided, that nothing herein shall be construed to apply to proceedings when costs are waived or are to be paid by the state, county or municipality.
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Clerk |
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Missouri | Mo. Ann. Stat. § 483.55(1) | Clerks to charge, collect court costs, when |
Each circuit clerk, or person fulfilling the duties of the circuit clerk pursuant to this chapter, however denominated, shall charge, collect, and be the responsible clerk for every court cost accruing to such clerk's office to which such clerk may be entitled under the law . . .
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Clerk |
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Missouri | Mo. Ann. Stat. § 483.55(6) | Clerks to charge, collect court costs, when |
It shall be the duty of each prosecuting attorney when such be referred to such prosecuting attorney by the responsible clerk to reasonably attempt to collect such delinquent court costs. In the case of delinquent court costs which are payable to the state, it shall be the duty of each prosecuting attorney, and the attorney general when such be referred to the attorney general by the state courts administrator to reasonably attempt to collect such delinquent court costs.
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Prosecutor |
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Missouri | Mo. Ann. Stat. § 483.53 | Fees, clerk’s duties |
The clerk who is responsible for collecting fees pursuant to the provisions of section 483.550 shall charge and collect the court costs in such amounts as are determined pursuant to sections 488.010 to 488.020.
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Clerk |
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Missouri | Mo. Ann. Stat. § 488.65 | Expungement cases under section 610.140, surcharge, amount, waiver |
There shall be assessed as costs a surcharge in the amount of two hundred fifty dollars on all petitions for expungement filed under the provisions of section 610.140. The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs. Such surcharge shall be collected and disbursed by the clerk of the court as provided by sections 488.010 to 488.020.
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Clerk |
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Missouri | Mo. Ann. Stat. § 488.5026(2) | Two dollar surcharge for all criminal cases, funds to be deposited in inmate prisoner detainee security fund--use of moneys |
Notwithstanding any other provision of law, the moneys collected by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be collected and disbursed in accordance with sections 488.010 to 488.020, and shall be payable to the treasurer of the governmental unit authorizing such surcharge.
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Clerk |
Revenue Flow
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Missouri | Mo. Rev. Stat. § 488.5026(2)-(3) | Two dollar surcharge for all criminal cases, funds to be deposited in inmate prisoner detainee security fund--use of moneys |
2. Notwithstanding any other provision of law, the moneys collected by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be collected and disbursed in accordance with sections 488.010 to 488.020, and shall be payable to the treasurer of the governmental unit authorizing such surcharge.
3. The treasurer shall deposit funds generated by the surcharge into the “Inmate Prisoner Detainee Security Fund”. Funds deposited shall be utilized to acquire and develop biometric verification systems and information sharing to ensure that inmates, prisoners, or detainees in a holding cell facility or other detention facility or area which hold persons detained only for a shorter period of time after arrest or after being formally charged can be properly identified upon booking and tracked within the local law enforcement administration system, criminal justice administration system, or the local jail system. The funds deposited in the inmate prisoner detainee security fund shall be used only to supplement the sheriff's funding received from other county, state, or federal funds. The county commission shall not reduce any sheriff's budget as a result of any funds received within the inmate prisoner detainee security fund. Upon the installation of the information sharing or biometric verification system, funds in the inmate prisoner detainee security fund may also be used for the maintenance, repair, and replacement of the information sharing or biometric verification system, and also to pay for any expenses related to detention, custody, and housing and other expenses for inmates, prisoners, and detainees. |
State/statewide agency |
Law enforcement. |
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Missouri | Mo. Ann. Stat. § 479.080 | Fines and costs, where paid, deposited--supreme court may provide for uniform procedure |
1. In the prosecution of violations of municipal ordinances before a municipal judge, all fines and costs shall be paid to and deposited not less frequently than monthly into the municipal treasury.
2. In the prosecution of violations of municipal ordinances before an associate circuit judge, all fines shall be paid to and deposited not less frequently than monthly into the municipal treasury and all court costs shall be accounted for and remitted to the state treasury in the same manner as provided by law for costs in misdemeanor cases. 3. The supreme court by administrative rule may provide for uniform procedure, and reporting forms for the collection and transmittal of fines and costs. Until modified or otherwise provided by such administrative rule, the municipal judge, or associate circuit judge hearing and determining violations of municipal ordinances, shall cause the clerk serving his division, within the first ten days of every month, to make out a list of all the cases heard or tried before the judge during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of costs, the names of defendants committed and the cases in which there was an application for trial de novo, respectively. Such clerk or the judge shall verify such lists and statements by affidavit, and file the same forthwith with the clerk of the municipality, who shall lay the same before the governing body or the municipality at its first session thereafter. The official collecting fines shall, within the ten days aforesaid, pay to the municipal treasurer the full amount of all fines collected by him during the preceding month if not previously paid to the municipal treasurer. |
Municipality/municipal agency | N/A | All |
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Missouri | Mo. Rev. Stat. § 484.150(1) | Division of fees forbidden, when—penalty |
It shall be unlawful for any licensed attorney in the state of Missouri to divide any fees or compensation received by him in the practice of law or in doing law business with any person not a licensed attorney or any firm not wholly composed of licensed attorneys, or any association or corporation, and any person, firm, association or corporation violating this section shall be deemed guilty of a misdemeanor and upon conviction therefor shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars and costs of prosecution, which fine shall be paid into the treasury of the state of Missouri.
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State/statewide agency | N/A | Misdemeanor |
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Missouri | Mo. Rev. Stat. § 488.026 | Surcharge for all criminal cases, amount — county ordinance defined — collection and deposit of funds |
As provided by section 56.807, there shall be assessed and collected a surcharge of four dollars in all criminal cases filed in the courts of this state, including violations of any county ordinance, any violation of criminal or traffic laws of this state, including infractions, or against any person who has pled guilty of a violation and paid a fine through a fine collection center, but no such surcharge shall be assessed when the costs are waived or are to be paid by the state, county, or municipality or when a criminal proceeding or the defendant has been dismissed by the court. For purposes of this section, the term “county ordinance” shall include any ordinance of the City of St. Louis. The clerk responsible for collecting court costs in criminal cases shall collect and disburse such amounts as provided by sections 488.010 to 488.020. Such funds shall be payable to the prosecuting attorneys and circuit attorneys’ retirement fund.
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Prosecutor |
Circuit attorneys retirement fund. |
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Missouri | Mo. Rev. Stat. § 570.120(5) |
Crime of passing bad checks, penalty — actual notice given, when — administrative handling costs, amount, deposit in fund — use of fund — additional costs, amount — payroll checks, + See moreaction, when — service charge may be collected — return of bad check to...
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In addition to all other costs and fees allowed by law, each prosecuting attorney or circuit attorney who takes any action pursuant to the provisions of this section shall collect from the issuer in such action an administrative handling cost. The cost shall be twenty-five dollars for checks of less than one hundred dollars, and fifty dollars for checks of one hundred dollars but less than two hundred fifty dollars. For checks of two hundred fifty dollars or more an additional fee of ten percent of the face amount shall be assessed, with a maximum fee for administrative handling costs not to exceed seventy-five dollars total. Notwithstanding the provisions of sections 50.525 to 50.745, the costs provided for in this subsection shall be deposited by the county treasurer into the ‘Administrative Handling Cost Fund‘, established under section 559.100. Notwithstanding any law to the contrary, in addition to the administrative handling cost, the prosecuting attorney or circuit attorney shall collect an additional cost of five dollars per check for deposit to the Missouri office of prosecution services fund established in subsection 2 of section 56.765. All moneys collected pursuant to this section which are payable to the Missouri office of prosecution services fund shall be transmitted at least monthly by the county treasurer to the director of revenue who shall deposit the amount collected pursuant to the credit of the Missouri office of prosecution services fund under the procedure established pursuant to subsection 2 of section 56.765.
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Missouri | Mo. Rev. Stat. § 488.5025 | Judgments paid on time-payment basis, additional assessment for |
2. Ten dollars of the time-payment fee collected pursuant to this section shall be payable to the clerk of the court of the county from which such fee was collected, or to such person as is designated by local circuit court rule as treasurer of said fund, and said fund shall be applied and expended under the direction and order of the court en banc of any such county to be utilized by the court to improve, maintain, and enhance the ability to collect and manage moneys assessed or received by the courts, to improve case processing, enhance court security, preservation of the record, or to improve the administration of justice. Eight dollars of the time-payment fee shall be deposited in the statewide court automation fund pursuant to section 476.055. Seven dollars of the time-payment fee shall be paid to the director of revenue, to be deposited to the general revenue fund.
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Missouri | Mo. Rev. Stat. § 488.5050 | Surcharges on all criminal cases, amount — deposit in general revenue fund or DNA profiling analysis fund, when — expiration date |
3. Notwithstanding any other provisions of law, the moneys collected by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be collected and disbursed in accordance with sections 488.010 to 488.020, and shall be payable to the state treasurer.
4. The state treasurer shall deposit such moneys or other gifts, grants, or moneys received on a monthly basis into the “DNA Profiling Analysis Fund”, which is hereby created in the state treasury. The fund shall be administered by the department of public safety. The moneys deposited into the DNA profiling analysis fund shall be used only by the highway patrol crime lab to fulfill the purposes of the DNA profiling system pursuant to section 650.052. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. |
State/statewide agency |
General fund |
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Missouri | Mo. Rev. Stat. § 488.5320(1),(5) | Charges in criminal cases, sheriffs and other officers |
1. Sheriffs, county marshals or other officers shall be allowed a charge for their services rendered in criminal cases and in all proceedings for contempt or attachment, as required by law, the sum of seventy-five dollars for each felony case or contempt or attachment proceeding, ten dollars for each misdemeanor case, and six dollars for each infraction, including cases disposed of by a violations bureau established pursuant to law or supreme court rule. Such charges shall be charged and collected in the manner provided by sections 488.010 to 488.020 and shall be payable to the county treasury; except that, those charges from cases disposed of by a violations bureau shall be distributed as follows: one-half of the charges collected shall be forwarded and deposited to the credit of the MODEX fund established in subsection 5 of this section for the operational cost of the Missouri data exchange (MODEX) system, and one-half of the charges collected shall be deposited to the credit of the inmate security fund, established in section 488.5026, of the county or municipal political subdivision from which the citation originated. If the county or municipal political subdivision has not established an inmate security fund, all of the funds shall be deposited in the MODEX fund.
5. (1) There is hereby created in the state treasury the “MODEX Fund”, which shall consist of money collected under subsection 1 of this section. The fund shall be administered by the peace officers standards and training commission established in section 590.120. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, money in the fund shall be used solely for the operational support and expansion of the MODEX system. |
State/statewide agency |
County/municipal funds |
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Missouri | Mo. Rev. Stat. § 488.5332 | Surcharge in criminal cases, when, exceptions — payment to independent living center fund |
In all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of this state, including an infraction, there shall be assessed as costs a surcharge in the amount of one dollar. No such surcharge shall be collected in any proceeding involving a violation of an ordinance or state law when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. Such surcharge shall be collected and disbursed by the clerk of the court as provided by sections 488.010 to 488.020. Moneys collected from this surcharge shall be payable to the independent living center fund created in section 178.653.
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State/statewide agency | N/A | All |
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Missouri | Mo. Rev. Stat. § 488.5336 | Court costs may be increased, amount, how, exceptions, deposit — additional assessment — use of funds — amount of reimbursement |
2. Each county and municipality shall use all funds received under this section only to pay for the training required as provided in sections 590.100 to 590.180 or for the training of county coroners and their deputies provided that any excess funds not allocated to pay for such training may be used to pay for additional training of peace officers or for training of other law enforcement personnel employed or appointed by the county or municipality. No county or municipality shall retain more than one thousand five hundred dollars of such funds for each certified law enforcement officer, candidate for certification employed by that agency or a coroner and the coroner's deputies. Any excess funds shall be transmitted quarterly to the general revenue fund of the county or municipality treasury which assessed the costs.
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Court Rules
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Missouri | Mo. Sup. Ct. R. 37.43(a) | Ordinance Violation - Summons or Arrest Warrant - When Issued - Failure to Appear |
When an information charging the commission of an ordinance violation is filed pursuant to Rule 37.34, a summons shall be issued unless the court finds that there are:(a) Sufficient facts + See morestated to show probable cause that an ordinance violation has been committed, and
(b) Reasonable grounds for the court to believe that the defendant will not appear upon the summons, or a showing has been made to the court that the accused poses a danger to a crime victim, the community, or any other person.
If the court so finds, a warrant for the arrest of the defendant may be issued
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Fines and fees |
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Missouri | Mo. Sup. Ct. R. 37.65 | Fines, Installment or Delayed Payments – Response to Nonpayment |
(a) When a fine is assessed and it appears to the judge that the defendant does not have at that time the present means to pay the fine, the judge + See moreshall order a stay of execution on the payment of the fine and:
(1) Grant the defendant a specified period of time within which to pay the fine in full, or
(2) Provide for the payment of the fine on an installment basis under such terms and conditions as the judge may deem appropriate.
(b) The judge may issue an order to show cause, consistent with Rule 36.01(b), for the defendant to appear in court at a future date in the event the fine is not paid in the time specified by the judge. In the event the defendant fails to appear at that future date, the court may issue a warrant to secure the defendant’s appearance for a hearing on the order to show cause.
(c) If a defendant defaults in the payment of the fine or any installment thereof, the judge may issue an order to show cause why the defendant should not be held in contempt of court. The judge shall issue a summons for the defendant’s appearance on the order to show cause unless the defendant was ordered to appear at a future date as provided in Rule 37.65(b). If the defendant fails to appear on the summons, the court may then issue a warrant to secure the defendant’s appearance for a hearing on the order to show cause. The summons may be served by the clerk mailing it to the defendant’s last known address by first class mail.
(d) If following the show cause hearing the judge finds the defendant intentionally refused to obey the sentence of the court or to have made a good faith effort to obtain the necessary funds for payment, the judge may confine the defendant for a term not to exceed thirty days for contempt of court. If the judge finds that the failure to pay the fine is excusable, the judge shall enter an order allowing the defendant additional time for payment, or may modify the method of payment or waive the collection of all or part of any unpaid portion of the fine.
(e) Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized by law for the enforcement of money judgments.
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Missouri | Mo. Sup. Ct. R. 36.04 | Minimum operating standards |
Minimum Operating Standard # 2: Municipal divisions shall inquire of defendants and allow them to present information about their financial condition when assessing their ability to pay and establishing payment + See morerequirements for monies due
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Ability to pay |
Structure of Courts
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Missouri | Mo. Const. Art. 5, § 1 | Judicial Power - Constitutional Courts |
The judicial power of the state shall be vested in a supreme court, a court of appeals consisting of districts as prescribed by law, and circuit courts. |
Judicial power generally | Creation of the courts |
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Missouri | Mo. Const. Art. 5, § 2 | Supreme court--controlling decisions--number of judges--sessions |
The supreme court shall be the highest court in the state. Its jurisdiction shall be coextensive with the state. Its decisions shall be controlling in all other courts. It shall be composed of seven judges, who shall hold their sessions in Jefferson City at times fixed by the court.
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Supreme Court | Jurisdiction of the courts |
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Missouri | Mo. Const. Art. 5, § 3 | Jurisdiction of the Supreme Court |
The supreme court shall have exclusive appellate jurisdiction in all cases involving the validity of a treaty or statute of the United States, or of a statute or provision of the constitution of this state, the construction of the revenue laws of this state, the title to any state office and in all cases where the punishment imposed is death. The court of appeals shall have general appellate jurisdiction in all cases except those within the exclusive jurisdiction of the supreme court.
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Supreme Court | Jurisdiction of the courts |
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Missouri | Mo. Const. Art. 5, § 4 | Superior courts to control inferior courts--courts administrator, salary--reapportionment commission, appointment |
The supreme court shall have general superintending control over all courts and tribunals. Each district of the court of appeals shall have general superintending control over all courts and tribunals in its jurisdiction. The supreme court and districts of the court of appeals may issue and determine original remedial writs. Supervisory authority over all courts is vested in the supreme court which may make appropriate delegations of this power.
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Judicial power generally | Jurisdiction of the courts |
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Missouri | Mo. Const. Art. 5, § 13 | Court of Appeals, districts, judges |
The court of appeals shall be organized into separate districts, the number, not less than three, geographical boundaries, and territorial jurisdiction of which shall be prescribed by law. Each district of the court of appeals shall be composed of such number of judges, not less than three, as may be provided by law.
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Court of appeals | Jurisdiction of the courts |
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Missouri | Mo. Const. Art. 5, § 14 | Circuit courts--jurisdiction--sessions |
(a) The circuit courts shall have original jurisdiction over all cases and matters, civil and criminal. Such courts may issue and determine original remedial writs and shall sit at times and places within the circuit as determined by the circuit court.
(b) Procedures for the adjudication of small claims shall be as provided by law. |
Circuit courts | Jurisdiction of the courts |
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Missouri | Mo. Rev. Stat. § 477.060 | Territorial jurisdiction of the southern district court of appeals |
The jurisdiction of the southern district of the court of appeals shall be coextensive with the counties of Barry, Barton, Butler, Camden, Cedar, Carter, Christian, Dade, Dallas, Douglas, Greene, Howell, Hickory, Jasper, Laclede, Lawrence, McDonald, Newton, Ozark, Oregon, Polk, Pulaski, Phelps, Ripley, St. Clair, Shannon, Stone, Texas, Taney, Webster, Wright, Dent, Crawford, Maries, Reynolds, Iron, Wayne, Bollinger, Scott, Stoddard, Dunklin, Pemiscot, New Madrid and Mississippi.
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southern district court of appeals | Jurisdiction of the courts |
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Missouri | Mo. Rev. Stat. § 477.070 | Territorial jurisdiction of the western district court of appeals |
The jurisdiction of the western district of the court of appeals shall be coextensive with all the counties in the state except those embraced in the jurisdiction of the eastern and the southern districts of the court of appeals.
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western district court of apeals | Jurisdiction of the courts |
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Missouri | Mo. Rev. Stat. § 477.050 | Territorial jurisdiction of the eastern district court of appeals |
The jurisdiction of the eastern district of the court of appeals shall be coextensive with the counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Montgomery, Warren, St. Charles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, Madison, St. Francois, Washington, Franklin, Audrain, Gasconade, Osage and the city of St. Louis.
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Eastern district court of appeals | Jurisdiction of the courts |
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Missouri | Mo. Rev. Stat. § 478.070 | Jurisdiction of Circuit Courts |
The circuit courts shall have original jurisdiction over all cases and matters, civil and criminal. Such courts may issue and determine original remedial writs. |
Circuit courts | Jurisdiction of the courts |
Case Law
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Missouri | Spencer v. Basinger, 562 S.W.2d 350, 353 (Mo. 1978) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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After a prima facie showing of indigency has been made, an individual may not be incarcerated for nonpayment of fine and costs |
A prima facie showing of indigency has been made. Under such circumstances petitioner may not be confined further at this time for nonpayment of fine and costs. See Hendrix v. + See moreLark, 482 S.W.2d 427 (Mo. banc 1972). This is not to suggest that those who neglect or refuse to pay a fine may not be incarcerated for their refusal so to do within the constitutional standards described in Hendrix.
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Enforcement |
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Missouri | Hendrix v. Lark, 482 S.W.2d 427, 428 (Mo. 1972) | Other applicable caselaw | Prisoner's incarceration to satisfy payment of fines and costs levied upon her without giving indigent prisoner option of paying the same by installments denied her the equal protection of law. |
St. Louis must provide indigent defendants an opportunity to pay fines in reasonable installments and that portion of Sec. 773.070 of the Revised Code of the city providing the court + See moreshall not stay the payment of any fine and calling for its execution, i.e., immediate imprisonment in lieu of payment, *429 is unconstitutional under the above decisions.
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Enforcement |
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Missouri | Davis v. City of Charleston, Mo., 635 F.Supp. 197, 198-199 (1986) | upon raising inference that poverty is reason for non-payment rather than contempt, defendant is entitled to hearing on issue of indigency |
As stated in this Court's Memorandum and Order dated March 28, 1986: It must be remembered that the remedy § 560.031 intends is not an imprisonment for non-payment of fine + See moreas such, but a penalty by contempt of court for the failure to obey—either intentionally or by want of good-faith effort to comply—the sentence of the court.
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Ability to pay |
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