HB 1451 -- Restitution

Sponsor:  Lipke

This bill requires any restitution ordered by the court or agreed
to by the parties to be paid through the office of the
prosecuting or circuit attorney.  Any prosecuting or circuit
attorney who collects restitution will also collect from the
person paying restitution an administrative handling cost in
addition to all other costs and fees allowed by law.  The cost
will be $25 for restitution of less than $100 and $50 for
restitution between $100 and $249.  For restitution of $250 or
more, the cost will be 10% of the total restitution, not to
exceed $75.  In addition to the administrative handling cost, an
installment cost will be assessed in the amount of $2 for each
restitution payment except for the first payment.  The county
treasurer is to deposit the costs collected and the restitution
payments received into a separate interest-bearing administrative
handling cost fund.

The prosecuting or circuit attorney is required to collect from
the person paying restitution an additional $5 per crime victim
to whom restitution is being paid.  Those funds must be deposited
into the Missouri Office of Prosecution Services Fund and
transmitted at least monthly to the Director of the Department of
Revenue.  The bill specifies how the moneys are to be used and
that the fund may be audited by the State Auditor or the
appropriate auditing agency.

The court may set an amount of restitution to be paid by a
defendant who is incarcerated.  The amount will be taken from the
inmate's account at the Department of Corrections.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:10 pm