SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES JOHNSON (90) (Sponsor), LIPKE, HARRIS (23), ROORDA, JONES, PARSON AND DUSENBERG (Co-sponsors).
Read 1st time February 23, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapters 57 and 488, RSMo, by adding thereto two new sections relating to booking charges, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 57 and 488, RSMo, are amended by adding thereto two new sections, to be known as sections 57.287 and 488.5325, to read as follows:
57.287. 1. Sheriffs, chiefs of police, or the chief law enforcement officer of any law enforcement department or agency in this state which has any type of jail or detention facility where persons who have been arrested are booked or processed through such facilities shall be allowed a booking charge of twenty-five dollars for each booking or processing occurrence of a person through their jail or detention facility.
2. The twenty-five dollar booking charge shall be assessed, paid, and collected under the provisions of section 488.5325, RSMo.
3. The sheriff, chief of police, or the chief law enforcement officer of any law enforcement department or agency described in subsection 1 of this section shall establish and maintain a separate banking account which shall be controlled solely by such law enforcement official for the receipt of money collected for the booking charge and to be used solely for the purposes described in subsection 4 of this section. This banking account shall not be part of the annual budget for the sheriff or chief of police or other chief law enforcement official and shall not be used in lieu of any part of the annual budget of such sheriff, chief of police, or other chief law enforcement official. In addition the process of charging, collecting, and paying such booking charges shall not be subject to oversight by any political subdivision of the state, however, this process may be audited by the vendor who provides the technology used to book or process an offender or the state auditors as long as a thirty-day written advance notification is provided.
4. The money collected for booking charges shall be used by the sheriff, chief of police, or the chief law enforcement officer of any law enforcement department or agency described in subsection 1 of this section solely to pay vendors who provide their offices, departments, or agencies with software technology which shall be approved by the Missouri state highway patrol, and which shall be used for record keeping, identification, incarceration, release reporting, and any other function relevant to jail or detention facility management. Such technology shall include but not be limited to jail management systems and record management systems.
5. The Missouri state highway patrol shall not approve any management system which does not do the following:
(1) Allow electronic sharing of incarcerated inmates data with law enforcement departments and agencies using the same or compatible technology; and
(2) Allow electronic fingerprints to be submitted for validation against the Missouri state highway patrol database.
6. Any database or databases that are held for law enforcement by a third party under the provisions of this section shall be protected by:
(1) The highest security technologies available; and
(2) Not less than one hundred twenty-eight bit SSL encryption.
7. Any information in the database or databases not deemed to be in the public domain shall be restricted to authorized law enforcement personnel and anyone that holds a database or databases for law enforcement shall not use in any way the data that they are housing for law enforcement other than for the services they are providing to the law enforcement departments or agencies.
8. Only authorized personnel shall have access to the database or databases and any person other than authorized personnel who accesses the database or databases shall be guilty of a class D felony.
9. No person who has pleaded guilty to or been found guilty of a felony shall hold a database or databases for law enforcement.
10. Any vendor who wishes to provide any law enforcement department or agency with technology to be used in jail or detention facility management or records management systems under the provisions of this section:
(1) Shall provide such technology with the clear understanding that the only payment that will be made to such vendor for such technology will be the money collected from the booking charges;
(2) Shall fully disclose the ownership of the company;
(3) Shall fully disclose the names of the officers of the company;
(4) Shall fully disclose the names of other companies in which the officers or company itself have ownership interests.
11. The sheriff, chief of police, or other chief law enforcement officer of any law enforcement department or agency described in subsection 1 of this section shall, on a monthly basis, from the proceeds deposited into the separate banking account created for receiving the booking charges, pay the vendor or vendors providing technology to such department or agency under the provisions of this section.
488.5325. 1. Sheriff's, chief's of police, or the chief law enforcement officer of any law enforcement department or agency in this state under the provisions of section 57.287, RSMo, shall be allowed a per-person miscellaneous charge of twenty-five dollars, to be known as a booking charge, for each occurrence a person is booked or processed through their jail or other detention facility.
2. The twenty-five dollar booking charge shall be assessed by the court of jurisdiction as costs in each criminal case involving violations of any county ordinance, municipal ordinance, or a violation of any criminal or traffic laws of the state where the defendant was arrested and booked or processed through a jail or other detention facility, provided however, that no such booking charge shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state, county, or municipality.
3. The booking charge may be paid by the person who was arrested at the time of release, at the time such person posts bond, or when ordered to do so by the court of jurisdiction. Any person who pays the booking charge at the time of release or at the time such person posts bond and who subsequently has the charges which required them to be booked or processed in the first place dropped or who is subsequently found not guilty of the charges which required them to be booked or processed in the first place, shall receive a full refund equal to the amount of the booking charge paid.
4. The twenty-five dollar booking charge shall be paid to and collected by the court clerk who shall, at the beginning of each calendar month place all such booking charges collected for the preceding month into a separate bank account established by the sheriff, chief of police, or other chief law enforcement official for that specific purpose under the provisions of section 57.287, RSMo.
5. Any person who fails to pay the booking charge as ordered by the court may have his or her probation or parole revoked and may be subject to a civil suit to enforce payment and may in that suit be ordered to pay all reasonable attorney fees, expenses, and costs in connection with that suit.
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