Court costs, examination fees, care and treatment, transportation,how paid.
552.080. 1. Notwithstanding any other provisions of law,the court in which the proceedings are pending shall, uponapplication and approval, order the payment of or tax as coststhe following expenses and fees, which in each case shall bereasonable, and so found by the court:
(1) Expenses and fees for examinations, reports and experttestimony of private psychiatrists who are neither employees norcontractors of the department of mental health for purposes ofperforming such services and who are appointed by the court toexamine the accused under sections 552.020 and 552.030;
(2) The expenses of conveying any prisoner from a jail to afacility of the department of mental health and the expense ofreturning him to a jail under the provisions of section 552.020,552.030, 552.040 or 552.050.Such expenses and fees shall be paid, no matter how taxed ascosts or collected, by the state, county or defendant, whenliable for such costs under the provisions of chapter 550, RSMo.Such order may be made at any time before or after the finaldisposition of the case and whether or not the accused isconvicted or sentenced to the custody of the division ofcorrections or county jail, as the case may be, or placed uponprobation or granted parole.
2. The expenses and fees provided in subsection 1 of thissection may be levied and collected under execution; except that,if the state or county has by inadvertence or mistake paidexpenses or fees as provided in subsection 1 of this section, thepolitical entity having made such a mistake or inadvertentpayment shall be entitled to recover the same from the entityresponsible for such payment.
3. If a person is ordered held or hospitalized by thedirector of the department of mental health or in one of thefacilities of the department of mental health pursuant to thefollowing provisions, the liability for hospitalization shall bepaid by the person, his estate or those responsible for hissupport in accordance with chapter 630, RSMo:
(1) Following determination of lack of mental fitness toproceed under subsection 7 of section 552.020;
(2) Following acquittal because of lack of responsibilitydue to mental disease or defect under section 552.030, andsubsequent order of commitment to the director of the departmentof mental health under section 552.040.
4. The method of collecting the costs and expenses hereinprovided or otherwise incurred in connection with the custody,examination, trial, transportation or treatment of any personaccused or convicted of any offense shall not be exclusive andsame may be collected in any other manner provided by law.
(L. 1963 p. 674 § 8, A.L. 1969 p. 572, A.L. 1971 S.B. 163, A.L. 1980 H.B. 1724)
(1975) This section not unconstitutional as a grant or gift in violation of art. III, § 38(a), constitution of Missouri. Robb v. Estate of Brown (A.), 158 S.W.2d 729.
Court costs, examination fees, care and treatment, transportation,how paid.
552.080. 1. Notwithstanding any other provisions of law,the court in which the proceedings are pending shall, uponapplication and approval, order the payment of or tax as coststhe following expenses and fees, which in each case shall bereasonable, and so found by the court:
(1) Expenses and fees for examinations, reports and experttestimony of private psychiatrists who are neither employees norcontractors of the department of mental health for purposes ofperforming such services and who are appointed by the court toexamine the accused under sections 552.020 and 552.030;
(2) The expenses of conveying any prisoner from a jail to afacility of the department of mental health and the expense ofreturning him to a jail under the provisions of section 552.020,552.030, 552.040 or 552.050.Such expenses and fees shall be paid, no matter how taxed ascosts or collected, by the state, county or defendant, whenliable for such costs under the provisions of chapter 550, RSMo.Such order may be made at any time before or after the finaldisposition of the case and whether or not the accused isconvicted or sentenced to the custody of the division ofcorrections or county jail, as the case may be, or placed uponprobation or granted parole.
2. The expenses and fees provided in subsection 1 of thissection may be levied and collected under execution; except that,if the state or county has by inadvertence or mistake paidexpenses or fees as provided in subsection 1 of this section, thepolitical entity having made such a mistake or inadvertentpayment shall be entitled to recover the same from the entityresponsible for such payment.
3. If a person is ordered held or hospitalized by thedirector of the department of mental health or in one of thefacilities of the department of mental health pursuant to thefollowing provisions, the liability for hospitalization shall bepaid by the person, his estate or those responsible for hissupport in accordance with chapter 630, RSMo:
(1) Following determination of lack of mental fitness toproceed under subsection 7 of section 552.020;
(2) Following acquittal because of lack of responsibilitydue to mental disease or defect under section 552.030, andsubsequent order of commitment to the director of the departmentof mental health under section 552.040.
4. The method of collecting the costs and expenses hereinprovided or otherwise incurred in connection with the custody,examination, trial, transportation or treatment of any personaccused or convicted of any offense shall not be exclusive andsame may be collected in any other manner provided by law.
(L. 1963 p. 674 § 8, A.L. 1969 p. 572, A.L. 1971 S.B. 163, A.L. 1980 H.B. 1724)
(1975) This section not unconstitutional as a grant or gift in violation of art. III, § 38(a), constitution of Missouri. Robb v. Estate of Brown (A.), 158 S.W.2d 729.
Court costs, examination fees, care and treatment, transportation,how paid.
552.080. 1. Notwithstanding any other provisions of law,the court in which the proceedings are pending shall, uponapplication and approval, order the payment of or tax as coststhe following expenses and fees, which in each case shall bereasonable, and so found by the court:
(1) Expenses and fees for examinations, reports and experttestimony of private psychiatrists who are neither employees norcontractors of the department of mental health for purposes ofperforming such services and who are appointed by the court toexamine the accused under sections 552.020 and 552.030;
(2) The expenses of conveying any prisoner from a jail to afacility of the department of mental health and the expense ofreturning him to a jail under the provisions of section 552.020,552.030, 552.040 or 552.050.Such expenses and fees shall be paid, no matter how taxed ascosts or collected, by the state, county or defendant, whenliable for such costs under the provisions of chapter 550, RSMo.Such order may be made at any time before or after the finaldisposition of the case and whether or not the accused isconvicted or sentenced to the custody of the division ofcorrections or county jail, as the case may be, or placed uponprobation or granted parole.
2. The expenses and fees provided in subsection 1 of thissection may be levied and collected under execution; except that,if the state or county has by inadvertence or mistake paidexpenses or fees as provided in subsection 1 of this section, thepolitical entity having made such a mistake or inadvertentpayment shall be entitled to recover the same from the entityresponsible for such payment.
3. If a person is ordered held or hospitalized by thedirector of the department of mental health or in one of thefacilities of the department of mental health pursuant to thefollowing provisions, the liability for hospitalization shall bepaid by the person, his estate or those responsible for hissupport in accordance with chapter 630, RSMo:
(1) Following determination of lack of mental fitness toproceed under subsection 7 of section 552.020;
(2) Following acquittal because of lack of responsibilitydue to mental disease or defect under section 552.030, andsubsequent order of commitment to the director of the departmentof mental health under section 552.040.
4. The method of collecting the costs and expenses hereinprovided or otherwise incurred in connection with the custody,examination, trial, transportation or treatment of any personaccused or convicted of any offense shall not be exclusive andsame may be collected in any other manner provided by law.
(L. 1963 p. 674 § 8, A.L. 1969 p. 572, A.L. 1971 S.B. 163, A.L. 1980 H.B. 1724)
(1975) This section not unconstitutional as a grant or gift in violation of art. III, § 38(a), constitution of Missouri. Robb v. Estate of Brown (A.), 158 S.W.2d 729.
