Effective 28 Aug 2009

478.1000. Criminal nonsupport courts authorized — referral of cases — allocation of resources — fund created, use of moneys. — 1. Criminal nonsupport courts may be established by any circuit court to provide an alternative for the criminal justice system to dispose of cases which stem from criminal nonsupport. A criminal nonsupport court shall combine judicial supervision, substance abuse treatment, education including general education development certificate (GED) programs, vocational or employment training, work programs, and support payment plans for criminal nonsupport court participants. Except for good cause found by the court, a criminal nonsupport court making a referral for education, substance abuse treatment, vocational or employment training, or work programs, when such program will receive state or federal funds in connection with such referral, shall refer the person only to a program which is certified by a department of the state of Missouri, unless no appropriate certified program is located within the same county as the criminal nonsupport court. Upon successful completion of the education, substance abuse treatment, vocational or employment training program, work program, or support payment plan, the defendant becoming gainfully employed, or the defendant commencing payment of current and accrued support, the charges, petition, or penalty against a criminal nonsupport court participant may be dismissed, reduced, or modified. Any fees received by a court from a defendant as payment for education, substance abuse treatment, or training programs shall not be considered court costs, charges, or fines.

2. Each circuit court shall establish conditions for referral of proceedings to the criminal nonsupport court. The defendant in any criminal proceeding accepted by a criminal nonsupport court for disposition shall be a nonviolent person, as determined by the prosecuting attorney, and shall be subject to the conditions set forth in subsection 6 of section 568.040. Any proceeding accepted by the criminal nonsupport court program for disposition shall be upon agreement of the parties.

3. Any report made by the staff of the program shall not be admissible as evidence against the participant in the underlying criminal nonsupport case. Notwithstanding the foregoing, termination from the criminal nonsupport court program and the reasons for termination may be considered in sentencing or disposition.

4. Notwithstanding any other provision of law, criminal nonsupport court staff shall be provided with access to all records of any state or local government agency relevant to the supervision of any program participant. Upon general request, employees of all such agencies shall fully inform criminal nonsupport court staff of all matters relevant to the supervision of the participant. All such records and reports and the contents thereof shall be treated as closed records and shall not be disclosed to any person outside of the criminal nonsupport court, and shall be maintained by the court in a confidential file not available to the public.

5. In order to coordinate the allocation of resources available to criminal nonsupport courts throughout the state, there is hereby established a "Criminal Nonsupport Courts Coordinating Commission" in the judicial department. The criminal nonsupport courts coordinating commission shall consist of one member selected by the director of the department of corrections; one member selected by the director of the department of social services; one member selected by the director of the department of education; one member selected by the director of the department of public safety; one member selected by the state courts administrator; one member selected by the director of the department of labor and industrial relations; three members selected by the Missouri supreme court, one being a criminal defense attorney; and one member who is a prosecuting attorney selected by the office of prosecution services. The Missouri supreme court shall designate the chair of the commission. The commission shall periodically meet at the call of the chair; evaluate resources available for assessment and training of persons assigned to criminal nonsupport courts or for operation of criminal nonsupport courts; secure grants, funds, and other property and services necessary or desirable to facilitate criminal nonsupport court operation; and allocate such resources among the various criminal nonsupport courts operating within the state.

6. There is hereby established in the state treasury a "Criminal Nonsupport Court Resources Fund", which shall be administered by the criminal nonsupport courts coordinating commission. Funds available for allocation or distribution by the criminal nonsupport courts coordinating commission may be deposited into the criminal nonsupport court resources fund. The state treasurer shall be the custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180. Notwithstanding the provisions of section 33.080, moneys in the criminal nonsupport court resources fund shall not be transferred or placed to the credit of the general revenue fund of the state at the end of each biennium, but shall remain deposited to the credit of the criminal nonsupport court resources fund.

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(L. 2009 S.B. 140 § 478.495)