SCS SB 140 -- CRIMINAL NONSUPPORT

This bill allows criminal nonsupport courts to be established by
any circuit court to provide an alternative for the disposal of
criminal nonsupport cases.  The court must combine judicial
supervision, substance abuse treatment, education, vocational or
employment training, work programs, and support payment plans for
participants.  Charges and penalties may be dismissed, reduced,
or modified based upon the successful completion of the program
or support payment plan, the defendant becoming gainfully
employed, or the defendant commencing payment of the current and
accrued support.  Courts may place incarcerated persons on work
release subject to conditions mandating payment of child support
and any arrearage.  The bill establishes a 10-member Criminal
Nonsupport Courts Coordinating Commission to coordinate the
allocation of resources made available through the newly created
Criminal Nonsupport Court Resources Fund.  Beginning August 28,
2009, every nonviolent first- and second-time offender
incarcerated for criminal nonsupport, who has not previously been
placed on probation or parole for the conviction of criminal
nonsupport, may be considered for parole or work release.

The penalty for criminal nonsupport will be a class A misdemeanor
unless the total arrearage is in excess of the total of 12
monthly payments in which case it will be a class D felony.
Currently, it is a class D felony if the person owes more than
$5,000 or has failed to pay six months of payments within the
last 12-month period.  Individuals on probation and parole for
criminal nonsupport may be ordered to begin payment of current
support as well as satisfy the arrearages or have their probation
or parole revoked and an appropriate sentence imposed unless he
or she proves good cause for the failure.  The affirmative
defense of inability to provide support for good cause must be
proven by a preponderance of the evidence.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am