PURPOSE: This rule establishes a process by which a monthly intervention fee is collected from offenders under probation, parole or conditional release supervision of the Board of Probation and Parole.

1. (1) The following procedures apply to the collection of an offender intervention fee.

   1. (A) Except as provided in subsections (1)(E), (F), (G) and (H), all offenders placed under probation, parole or conditional release supervision of the Board of Probation and Parole are required to pay an intervention fee in the amount set by the department not to exceed sixty dollars ($60) per month.

   2. (B) Offenders shall be notified of the intervention fee in the following ways:

      1. 1. Offenders assigned to supervision on

or after April 30, 2006, shall sign the revised Order of Probation/Parole which includes the condition requiring payment of the intervention fee; or

1. 2. Offenders under supervision before

April 30, 2006, shall be issued a directive pursuant to Written Directive Condition #8, included herein, requiring payment of the intervention fee.

1. (C) Fees will be collected as follows:

   1. 1. Offenders shall be provided instruc-

tions on payment methods and procedures. Staff shall not accept money in any form from an offender;

1. 2. The intervention fee shall be due on

the first day of the first full month following placement under board supervision on probation, parole, or conditional release. The fee shall be due thereafter on the first working day of each month until supervision is terminated;

1. 3. Payments shall be deemed delinquent

after the fifteenth day of the month, including the final month of supervision;

1. 4. Pre-printed envelopes, payment

vouchers, and payment instructions will be provided to the offender; and

1. 5. Payment instructions to the offender

will indicate the following:

1. A. Payments must be submitted

directly to the designated collection authority. Probation and parole staff will not accept payments;

1. B. Only money orders and cashier’s

checks will be accepted. Personal checks and cash will not be accepted; and 14 CSR 80-5

1. C. The completed payment voucher

shall accompany the payment.

1. (D) Should an offender be declared an absconder, intervention fees will continue to accrue until such time as the case is closed. If the case is active on or after the first day of the month in which the case is suspended and closed, the fee will be assessed for that month.

2. (E) Offenders will be exempted from paying intervention fees under the following circumstances:

   1. 1. In that offenders in community

release centers, residential facilities, and in the Electronic Monitoring Program already pay a daily maintenance or program fee, intervention fees will be exempt in these cases. Intervention fees will start or resume on the first day of the month following release from these facilities or programs; and

1. 2. Pre-trial, drug court and deferred

prosecution cases are exempted from paying the intervention fee.

1. (F) If the case is an interstate transfer, once the offender departs Missouri for the receiving state collection of intervention fees will be terminated.
2. (G) If an offender on probation, parole, or conditional release is subsequently confined in a jail or correctional facility for thirty (30) days or longer, the fee is suspended effective the thirty-first day of confinement. Fees shall resume on the first day of the month following release.

3. (H) If an offender is unable to pay because of having insufficient income, fees may be waived in whole or in part. In these cases the following steps shall be taken:

   1. 1. Offenders, whose total verified

income is at or below the insufficient income criteria, may be considered for a waiver. Unemployed offenders capable of being gainfully employed are not eligible for a waiver. An offender’s income is considered insufficient if it is at or below the amount shown in the Insufficient Income Criteria chart included in the Request for Waiver of Intervention Fees, included herein. Income from all family members in the household is used to calculate whether the waiver is appropriate. If a person lives with his or her family, the combined income of all family members will be used (non-relatives, such as housemates, do not count). For a waiver to be considered, the offender must provide appropriate records to document household income.

1. 2. Once the officer verifies the offender

meets one of the waiver criteria above, the officer will complete the Request for Waiver of Intervention Fees form and submit it to the district administrator for approval.

1. 3. If approved, waivers are valid for a

maximum of ninety (90) days. The district administrator shall make the waiver entry into the computer system. If the officer determines the waiver should be renewed beyond that point, a new Request for Waiver of Intervention Fees form must be submitted for approval. However, at any point the officer determines that the offender is again capable of paying monthly intervention fees, supervisory approval is not necessary to rescind the waiver.

1. (I) The following process for sanctions regarding nonpayment shall be applied:

   1. 1. Within ten (10) working days of

becoming aware that an offender has failed to submit the intervention fee, the supervising officer shall contact the offender in writing, by phone, or in person to remind them of the payment obligation;

1. 2. The supervising officer should direct

the offender to specific programs or services that will assist him/her in addressing their inability to pay (i.e., financial management program, employment counseling and/or job seeking classes, substance abuse counseling, mental health counseling, etc.);

1. 3. The supervising officer shall establish

a payment plan, via a written directive, with the offender, to address any arrearage within a reasonable time, given the offender’s individual circumstances;

1. 4. Should the offender become three (3)

months in arrears on intervention fee payments, either consecutively or in the cumulative, or it is determined the offender is willfully failing to submit the required payments, the supervising officer shall submit a violation report;

1. 5. Offenders who are not current on

their intervention fee payments shall not be eligible for transfer to minimum supervision, interstate transfer or early discharge consideration;

1. 6. Sanctions for willful nonpayment of

intervention fees include, but are not limited to the following:

1. A. Written reprimand from district

administrator or parole board;

1. B. Travel restriction;
2. C. Community service;
3. D. Increased level of supervision; and
4. E. Shock detention; and
5. 7. Unpaid intervention fees owed by

offenders committed to the Division of Adult Institutions (DAI) will be collected from the inmate’s account. AUTHORITY: sections 217.040 and 217.755, RSMo 2000 and 217.690, RSMo Supp. 2005.* Emergency rule filed Oct. 6, 2005, effective Nov. 1, 2005, expired April 29, 2006. Original rule filed Oct. 6, 2005, effective April 30, 2006. Amended: Filed Aug. 7, 2006, effective Feb. 28, 2007. *Original authority: 217.040, RSMo 1982, amended 1989, 1993, 1995; 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992, 1995, 2002, 2005; and 217.755, RSMo 1982.