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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1189
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
4668S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 211.331 and 211.341, RSMo, and to enact in lieu thereof three new sections
relating to juvenile detention.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 211.331 and 211.341, RSMo, are 1
repealed and three new sections enacted in lieu thereof, to be 2
known as sections 211.331, 211.341, and 211.342, to read as 3
follows:4
211.331. 1. In each county of the first and second 1
classifications, except as provided by section 211.331, and 2
in the city of St. Louis, it is the duty of the county 3
commission, or, where there is no county commission, such 4
other authorized body, to provide a place of detention for 5
children coming within the provisions of this chapter. It 6
is also the duty of the county commission or other 7
authorized body to provide offices for the personnel of the 8
juvenile court. 9
2. The place of detention shall be so located and 10
arranged that the child being detained does not come in 11
contact, at any time or in any manner, with adults convicted 12
or under arrest, and the care of children in detention shall 13
approximate as closely as possible the care of children in 14
good homes. 15
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3. The place of detention shall be in charge of a 16
superintendent. The judge of the juvenile court or the 17
family court administrator, if provided by local rule, shall 18
appoint and fix the compensation and maintenance of the 19
superintendent and of any assistants or other personnel 20
required to operate the detention facility. Such 21
compensation and maintenance are payable out of funds of the 22
county. 23
4. The county commission or other governing body of 24
the county is authorized to lease or to acquire by purchase, 25
gift or devise land for such purpose, and to erect buildings 26
thereon and to provide funds to equip and maintain the same 27
for the subsistence and education of the children placed 28
therein. 29
211.341. 1. Counties of the third and fourth classes 1
within one judicial circuit, shall, upon the written 2
recommendation of or written notice by the county 3
commission, or, where there is no county commission, such 4
other authorized body, to the presiding circuit judge of 5
that judicial circuit, establish a place of juvenile 6
detention to serve all of the counties within that judicial 7
circuit, and in like manner, the counties shall supply 8
offices for the juvenile officers of that circuit. 9
2. (1) The recommendation of the presiding circuit 10
judge provided in subsection 1 of this section shall be made 11
only after a hearing conducted by [him] the judge, after 12
thirty days' notice, to determine the need and feasibility 13
of establishing such a place of detention within the 14
judicial circuit. 15
(2) The notice to the presiding circuit judge of the 16
judicial circuit provided in subsection 1 of this section 17
shall consist of notice of approval of an ordinance, order, 18
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or resolution authorizing a place of detention by all 19
counties within that judicial circuit and the agreement 20
provided in section 211.342. 21
3. The provisions of section 211.331 apply as to the 22
form of operation and means of maintenance of the place of 23
detention, except that the total cost of establishment and 24
operation of the places of detention shall be prorated among 25
the several counties within that judicial circuit upon a 26
ratio to be determined by a comparison of the respective 27
populations of the counties. The point of location of the 28
place of juvenile detention shall be determined by the 29
circuit judge of the judicial circuit or pursuant to an 30
agreement established by section 211.342. 31
[2.] 4. The presiding circuit judges of any two or 32
more adjoining judicial circuits after a hearing as provided 33
in subsection 1 of this section may, by agreement confirmed 34
by judicial order, and in the interest of economy of 35
administration, establish one place of juvenile detention to 36
serve their respective judicial circuits. In such event, 37
the presiding circuit judges so agreeing shall jointly 38
govern the affairs of the place of detention and the cost 39
thereof shall be apportioned among the counties served in 40
the manner provided for in subsection 1 of this section. 41
[3.] 5. Any county of the third or fourth class 42
desiring to provide its own place of juvenile detention may 43
do so in the manner prescribed for counties of the first and 44
second classes. 45
211.342. 1. (1) A county commission, or any other 1
authorized body, may provide a place of detention for 2
children coming within the provisions of this chapter in 3
coordination with the county commission, or such other 4
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authorized body, of the other counties within the same 5
circuit court. 6
(2) The county commission, or authorized body, of each 7
county desiring to coordinate a place of detention under 8
this subsection shall approve an ordinance, order, or 9
resolution authorizing a place of detention within the 10
county or within a county of the same circuit court and 11
shall approve an agreement as specified by subsection 4 of 12
this section between all counties of the same circuit court. 13
2. The county commissions, or any other authorized 14
bodies, of any two or more counties of adjoining judicial 15
circuits may, by ordinance, order, or resolution authorizing 16
a place of detention within one of the counties and 17
following an agreement as specified by subsection 4 of this 18
section between all counties of the adjoining circuit 19
courts, establish one place of juvenile detention to serve 20
the respective judicial circuits of the counties. All 21
counties within a respective judicial circuit are required 22
to authorize the place of detention and be members to the 23
agreement in order for a place of detention to be authorized 24
pursuant to this subsection. 25
3. The county commissions, or authorized bodies, shall 26
notify the presiding circuit judge of the judicial circuit 27
of the authorization of a place of detention under this 28
subsection. The notice to the presiding circuit judges of 29
the judicial circuits shall include notice of the approval 30
of an ordinance, order, or resolution authorizing a place of 31
detention by all counties and the agreement provided in 32
subsection 4 of this section. 33
4. The agreement that specifies the duties of each 34
county shall contain the following: 35
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(1) The total cost of establishment and operation of 36
the places of detention; 37
(2) The prorated formula for the calculation of each 38
county's contribution to the costs of a detention facility 39
based upon a ratio of the respective populations of the 40
counties; 41
(3) The methods and powers that may be used for 42
constructing, leasing, or financing a detention facility; 43
(4) The use of the sales tax as authorized by 44
subsection 6 of this section; and 45
(5) The point of location of the place of juvenile 46
detention. 47
5. Subsection 2 and 3 of section 211.331 shall apply 48
to a juvenile detention facility authorized pursuant to this 49
section. The operation and support of a juvenile detention 50
facility authorized pursuant to this section shall be 51
regulated in accordance with the rules and standards of the 52
Missouri supreme court under the governance of the circuit 53
judge of the circuit court. If two or more counties of 54
adjoining judicial circuits have authorized a place of 55
detention pursuant to this section, the circuit judges shall 56
jointly govern the affairs of the place of detention. 57
6. (1) The counties authorizing a place of detention 58
pursuant to this section may impose, by order, a sales tax 59
up to one percent on all retail sales made in such counties 60
which are subject to taxation pursuant to the provisions of 61
sections 144.010 to 144.525 for the purpose of providing a 62
place of detention for children coming within the provisions 63
of this chapter in the respective counties. The tax 64
authorized by this section shall be in addition to any and 65
all other sales taxes allowed by law, except that no order 66
imposing a sales tax pursuant to this section shall be 67
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effective unless the county commission, or authorized body, 68
for each county in the circuit court submits to the voters 69
of the county, on any election date authorized in chapter 70
115, a proposal to authorize the county commission, or 71
authorized body, to impose a tax. 72
(2) The ballot of submission shall contain, but need 73
not be limited to, the following language: 74
If a majority of the votes cast on the proposal by the 85
qualified voters of the county voting thereon are in favor 86
of the proposal, then the order and any amendment to such 87
order shall be in effect on the first day of the second 88
quarter immediately following the election approving the 89
proposal. If the proposal receives less than the required 90
majority, the county commission, or authorized body, shall 91
have no power to impose the sales tax authorized pursuant to 92
this section unless and until the county commission, or 93
authorized body, shall again have submitted another proposal 94
to authorize the county commission, or authorized body, to 95
impose the sales tax authorized by this section and such 96
proposal is approved by the required majority of the 97
75
76
77
78
79
Shall the (counties' names) impose a region-wide
sales tax of ______ (insert amount) for the
purpose of providing a place of detention for
children within in the jurisdiction of (circuit
courts' name)?
80 □ YES □ NO
81
82
83
84
If you are in favor of the question, place an
"X" in the box opposite "YES". If you are
opposed to the question, place an "X" in the box
opposite "NO".
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qualified voters of the county commission, or authorized 98
body, voting on such proposal; however, in no event shall a 99
proposal pursuant to this section be submitted to the voters 100
sooner than twelve months from the date of the last 101
submission of a proposal pursuant to this section. 102
(3) All revenue received by a county from the tax 103
authorized pursuant to this section shall be deposited in a 104
special trust fund and shall be used solely for providing a 105
place of detention for children coming within the provisions 106
of this chapter for so long as the tax shall remain in 107
effect. 108
(4) Once the tax authorized by this section is 109
abolished or terminated by any means, all funds remaining in 110
the special trust fund shall be used solely for providing a 111
place of detention for children coming within the provisions 112
of this chapter for the counties. Any funds in such special 113
trust fund which are not needed for current expenditures may 114
be invested by the county commission in accordance with 115
applicable laws relating to the investment of other county 116
funds. 117
(5) All sales taxes collected by the director of 118
revenue pursuant to this section on behalf of any county, 119
less one percent for cost of collection which shall be 120
deposited in the state's general revenue fund after payment 121
of premiums for surety bonds as provided in section 32.087, 122
shall be deposited in a special trust fund, which is hereby 123
created, to be known as the "Juvenile Detention Center Sales 124
Tax Trust Fund". The moneys in the juvenile detention 125
center sales tax trust fund shall not be deemed to be state 126
funds and shall not be commingled with any funds of the 127
state. The director of revenue shall keep accurate records 128
of the amount of money in the trust fund which was collected 129
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in each county imposing a sales tax pursuant to this 130
section, and the records shall be open to the inspection of 131
officers of each member county and the public. Not later 132
than the tenth day of each month the director of revenue 133
shall distribute all moneys deposited in the trust fund 134
during the preceding month to the county which levied the 135
tax. Such funds shall be deposited with the treasurer of 136
each such county, and all expenditures of funds arising from 137
the juvenile detention center sales tax trust fund shall be 138
paid pursuant to an appropriation adopted by the county 139
commission, or other such authorized body, and shall be 140
approved by the county commission, or other such authorized 141
body. Expenditures may be made from the fund for the 142
function authorized in the order adopted by the county 143
commission, or other such authorized body, submitting the 144
juvenile detention center tax to the voters. 145
(6) The director of revenue may make refunds from the 146
amounts in the trust fund and credited to any county for 147
erroneous payments and overpayments made, and may redeem 148
dishonored checks and drafts deposited to the credit of such 149
counties. If any county abolishes the tax, the county 150
commission, or the authorizing body, shall notify the 151
director of revenue of the action at least ninety days prior 152
to the effective date of the repeal, and the director of 153
revenue may order retention in the trust fund, for a period 154
of one year, of two percent of the amount collected after 155
receipt of such notice to cover possible refunds or 156
overpayment of the tax and to redeem dishonored checks and 157
drafts deposited to the credit of such accounts. After one 158
year has elapsed after the effective date of abolition of 159
the tax in such county, the director of revenue shall remit 160
the balance in the account to the county and close the 161
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account of that county. The director of revenue shall 162
notify each county in each instance of any amount refunded 163
or any check redeemed from receipts due the county. 164
(7) Except as provided in this section, all provisions 165
of sections 32.085 and 32.087 shall apply to the tax imposed 166
pursuant to this section. 167
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