St. Charles County, MO
 
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Table of Contents
Table of Contents
Editor’s Note: In this Chapter the words “Sheriff’s Department” are changed to “Police Department” pursuant to the St. Charles County Charter Article IV, Sections 4.250 and 4.1300, as amended in 2012 and effective 1-1-2015, and St. Charles County Ord. No. 15-012, Section 2, adopted 1-26-2015.
[Ord. No. 95-111 §1, 7-27-1995]
The Department of Corrections is hereby created and assigned, pursuant to the St. Charles County Charter Article IV, Section 4.802.4 (1992) responsibility for the operations of all County corrections/detention facilities, and community-based corrections programs. The Department shall have the responsibility for the prevention and detection of crime and the enforcement of the general criminal laws of the State and for violation of ordinances of the County. The Department of Corrections is subject to the control of the St. Charles County Executive and shall prioritize the duties of its certified Peace Officers as set by executive order.[1]
[1]
Editor's Note—Reference above to Section 4.802.4 of the Charter has been changed from 4.802.5 which was a typographical error in ord. no. 95-111 adopted 7-27-1995.
[Ord. No. 95-111 §2, 7-27-1995]
The Director of Services for Courts and Corrections shall use the working title of Director of Corrections in all official documents.
[Ord. No. 95-111 §3, 7-27-1995]
A. 
In addition to powers and duties granted by the St. Charles County Charter (1992), the Director shall:
1. 
Develop and issue rules on policy and procedure for the operations of the Department of Corrections. The Department of Corrections, as set out in this Article, includes the operations of all County corrections/detention facilities, to include, but not be limited to, the St. Charles County Adult Detention Facility and all other County operated, community-based corrections programs, as may presently exist, or as may be created in the future.
2. 
Be responsible for the establishment of positions within the Department who are designated as Peace Officers and who possess the duty and power of arrest for violation of any criminal laws of the State or for violation of County ordinances.
3. 
Designate specific officers of the Department of Corrections to carry firearms when necessary for the proper discharge of their duties in this State, or any State. These officers will retain powers of arrest and are authorized to act, having the same powers as granted other Law Enforcement Officers in this County or State to: arrest escaped inmates; apprehend any and all persons who may be aiding and abetting such an escape; apprehend any person who willfully fails or refuses to comply with the lawful order or direction of said officer in the discharge of his official duties, or who may be hindering, obstructing, resisting or otherwise interfering with the discharge of those duties; and serve arrest warrants within the criminal justice facilities.
4. 
Have all necessary powers and duties to carry out the day to day functions of the Department of Corrections.
[Ord. No. 99-45 §§1—5, 4-28-1999; Ord. No. 06-056 §1, 4-25-2006]
A. 
The Director of Corrections, St. Charles County (hereinafter referred to as the "Director"), or his/her designated representative, will have the discretionary authority to enter into agreements with other outside county jails for the purpose of seeking housing for prisoners of St. Charles County at other facilities when it reasonably appears that the continued housing of that prisoner at the Adult Detention Facility (ADF) will in some manner create a reasonable health, safety, welfare, or other concern regarding the conditions of incarceration for that prisoner, or for the facility and staff.
B. 
The maximum level of monetary commitment, both for per diem and in total, for which the Director can obligate the County in these agreements will be set by the County Executive. The Director will be required to seek approval of the County Council, by way of ordinance, to exceed these set amounts. Medical care for the prisoner, as necessary to maintain adequate health standards, will not be included in this ceiling amount. Other housing agreements, already set by ordinance, will remain in effect until such time as they must be modified or adjusted.
C. 
The Director will also have the discretionary authority to enter into agreements with other law enforcement agencies, jails for counties, jurisdictions other than St. Charles County, for the purpose of housing their prisoners in the ADF, on a per diem basis, when it reasonably appears that their agency/jail does not have the housing capacity, or some other undesirable conditions exist, so as to necessitate seeking assistance from St. Charles County.
D. 
The County Executive will be responsible to set a per diem charge for the housing of outside prisoners based on the established daily per diem rate of the ADF. It shall be the duty of the Director to obtain a signed agreement from an authorized party of the outside agency prior to accepting that prisoner into custody, to include the agreement to accept all medical expenses incurred for that prisoner, and to pursue billing to receive reimbursement from other agencies.
E. 
Any failure by an outside agency to reimburse St. Charles County for the housing of their prisoner by the ADF, after having been properly billed, will be referred by the Department of Corrections to the County Counselor's office for appropriate action.
[Ord. No. 03-079 §§1—8, 6-25-2003; Ord. No. 06-056 §2, 4-25-2006]
A. 
The Director of Corrections for St. Charles County (hereinafter referred to as the "Director"), through the St. Charles County Department of Corrections (hereinafter referred to as "SCCDOC"), shall operate a Work Release Program pursuant to Section 221.170, RSMo., and the provisions of this Section.
B. 
The Director shall determine the location and the capacity of the Work Release Program within the Adult Detention Facility. If proper facilities and/or adequate staff cease to be available for the operation of the Work Release Program, the Director shall notify the County Executive who may order the suspension or modification of the program until such time as proper facilities and adequate staffing can again be achieved.
C. 
The Work Release Program shall operate in accordance with the Revised Statutes of Missouri (RSMo.), the Ordinances of St. Charles County, Missouri, and the policies and procedures of the SCCDOC. The Director is hereby given authority to promulgate additional policies, procedures and rules for the safe and effective administration of the Work Release Program.
D. 
The Work Release Program is hereby made available as an alternative incarceration method for individuals who are sentenced for a crime, being held in contempt or for non-payment of fines or participating in a diversionary program by order of the 11th Judicial Circuit or a municipal court within St. Charles County. The Work Release Program will be made available to similarly situated prisoners of outside agencies pursuant to written agreements between such agencies and the SCCDOC in accordance with this Section and other applicable law.
E. 
The Director or his authorized representative shall have the discretionary authority to enter into written agreements with other agencies, jails for counties or jurisdictions other than this County for the purpose of accommodating their prisoners in the Work Release Program, when it reasonably appears that the requesting agency or jail does not have such a program otherwise available. Such written agreements may only be entered upon the Director's determination that there is space available in the Work Release Program and that the prisoner has been granted the privilege of release by order of a court of competent jurisdiction. All such agreements must receive the written approval of the County Executive.
F. 
The Director or his authorized representative shall obtain a signed agreement with any other agency, jail or jurisdiction prior to accepting a prisoner of such entity into the Work Release Program, which agreement shall include:
1. 
Certification by the outside agency, jail or jurisdiction that the prisoner has been granted the privilege of release by a court of competent jurisdiction. A copy of the pertinent court order shall be attached to the agreement.
2. 
Certification that the individual is not known to the outside agency, jail or jurisdiction to have a history of violence or escape risk.
3. 
The agency, jail or jurisdiction's agreement to pay the per diem Work Release Fee, as set by the County Executive, to the SCCDOC for each day the prisoner is housed in the County's Work Release Program and that said Work Release Fee shall not be waived.
4. 
The agency, jail or jurisdiction's agreement to accept responsibility for any and all medical expenses incurred for its prisoner while housed in the County's Work Release Program and that the County is not responsible for any such medical expenses.
5. 
The agency, jail or jurisdiction's agreement that in the event the prisoner must be taken before the sentencing court for violation of Work Release Program rules and is thereafter ordered to be placed in the general population under ordinary confinement, the agency, jail or jurisdiction will pay the standard per diem rate for the Adult Detention Facility set by the County Executive pursuant to Section 125.035(D) of the Ordinances of St. Charles County.
G. 
The Director or his authorized representative shall obtain a signed Work Release Program Agreement from any individual sentenced for a crime, being held in contempt or for non-payment of fines, or participating in a diversionary program by order of the 11th Judicial Circuit or a municipal court within St. Charles County or from an outside agency, jail or jurisdiction before accepting him into the County's Work Release Program, which agreement shall include:
1. 
Certification that the prisoner is employed and an agreement that he will make every reasonable effort to remain employed while in the County's Work Release Program;
2. 
The prisoner's agreement to obey the laws of the United States, the State of Missouri and any local jurisdiction in which the prisoner may be while in the Work Release Program;
3. 
The prisoner's agreement to comply with the orders of the court granting him the privilege of release and with any restrictions and limitations thereof and with the rules of the County's Work Release Program;
4. 
For St. Charles County prisoners, the prisoner's agreement to pay in advance for each week (or portion thereof he is committed to the Work Release Program, if less than one (1) week remains to be served), the per diem Work Release Fee to the SCCDOC by cashier's check or money order, in lieu of surrendering his/her full wages or salary to the SCCDOC for deposit in a trust checking account in accordance with Section 221.170.3, RSMo.; and
5. 
For a person in the Work Release Program, the daily fee for room and board shall be determined and fixed by the County Executive for each calendar year.
6. 
The prisoner's agreement that his failure to follow the orders of the court and the rules of the Work Release Program, including full payment of the per diem Work Release Fee, will result in suspension of the privilege of release for up to five (5) days and/or an appearance before the sentencing court with a recommendation by the Director that the privilege of release be withdrawn and that the prisoner be ordered to ordinary confinement in the general population.
H. 
Any failure by an outside agency, jail or jurisdiction to reimburse St. Charles County for fees for the housing of their prisoner(s) pursuant to this Chapter, after having been properly billed for said fees, will be referred by the SCCDOC to the County Counselor's Office for appropriate action.
[Ord. No. 95-111 §4, 7-27-1995; Ord. No. 06-009 §1, 1-31-2006]
A. 
The operations of the St. Charles County Adult Detention Facility include, but are not limited to, the following:
1. 
Receiving and holding prisoners committed to the St. Charles County Adult Detention Facility by the Circuit Court for the 11th Judicial Circuit of the State of Missouri, and holding such prisoners until their release by expiration of commitment, their release on authorized bond, or their release by order of a court of competent jurisdiction.
2. 
Receiving and temporarily holding the following prisoners:
a. 
Prisoners arrested or detained by commissioned officers of the St. Charles County Police Department or Missouri State Highway Patrol pending application for arrest warrant(s) for felony offense(s) (such prisoners may not be held more than twenty-four (24) hours without such warrants);
b. 
Prisoners arrested or detained by commissioned officers of the St. Charles County Police Department or the Missouri State Highway Patrol pending release on summons for a criminal offense (such prisoners may not be held for more than twenty-four (24) hours);
c. 
Prisoners transferred to the St. Charles County Adult Detention Facility by the United States Marshals Service, the United States Bureau of Prisons, or other Federal law enforcement agencies, or by other Missouri Sheriffs, provided the Director, or his designated representative, consents to such transfer after determining that space is available within the St. Charles County Adult Detention Facility;
d. 
Prisoners in transit and in the custody of other competent law enforcement agencies, provided the Director, or his designated representative, consents to such transfer after determining that space is available within the St. Charles County Adult Detention Facility.
3. 
Receiving and holding arrest warrants issued by the Circuit Court for the 11th Judicial Circuit of the State of Missouri, until such warrants are served or recalled, and return arrest warrants to the courts as required or directed.
4. 
Receiving bond for the release of any prisoner held at the St. Charles County Adult Detention Facility as may be prescribed by a court having competent jurisdiction over the custody of that prisoner.
5. 
Keeping records on prisoners and detainees held by the St. Charles County Adult Detention Facility and acting as the custodian of records for those records.
[Ord. No. 99-28 §§1—5, 4-1-1999; Ord. No. 11-026 §2, 5-2-2011]
A. 
All persons offered employment in the St. Charles County Department of Corrections (hereafter referred to as SCCDOC) shall submit to a two-step skin testing for Tuberculosis (TB) which shall be conducted by the St. Charles County Department of Community Health and the Environment (hereafter referred to as the Health Department), or other appropriate agency. If the individual produces proof of having been tested for TB within the preceding twelve (12) month period, only one (1) additional test will be required by the Health Department.
B. 
Person(s) who test positive for TB shall be referred for follow-up treatment under the protocols established by the Health Department and the SCCDOC.
C. 
All current employees of the SCCDOC shall submit to an annual PPD skin test conducted by the Health Department, or other appropriate agency. Employees who test positive shall be referred for follow-up treatment under the protocols established by the Health Department and SCCDOC.
D. 
The SCCDOC shall test all prisoners for TB, except those in custody for fewer than fifteen (15) consecutive days and those in work release. If any prisoner tests positive, the SCCDOC shall require that he shall be treated for TB as required under the established Health Department protocols as adopted by the SCCDOC. Costs related to such treatment shall be assessed against the prisoner, as allowed by law.
E. 
All screening and testing required by this Section shall be confidential.
[Ord. No. 01-116 §3, 9-26-2001; Ord. No. 03-078 §1, 6-25-2003; Ord. No. 03-123 §1, 8-27-2003; Ord. No. 05-124 §1, 8-30-2005; Ord. No. 06-056 §3, 4-25-2006; Ord. No. 11-026 §3, 5-2-2011]
A. 
The Department of Corrections shall charge the following fees for services, as managed in accordance with Department policy:
1. 
Ten dollars ($10.00) per individual for booking.
2. 
Ten dollars ($10.00) per letter of initial letter of incarceration.
3. 
Two dollars ($2.00) per duplicate of letter of incarceration, issued same day.
4. 
Ten dollars ($10.00) per visit to the dentist or physician, excluding those for mental health.
5. 
Seven dollars ($7.00) per visit to physician's assistant or nurse practitioner, excluding those for mental health.
6. 
Five dollars ($5.00) per visit to the nurse.
7. 
Ten dollars ($10.00) per prescription administered through the Department.
8. 
Fifteen dollars ($15.00) plus thirty-five cents ($.35) per page for each medical record.
9. 
Five dollars ($5.00) per broken or damaged wristband.
10. 
Ten dollars ($10.00) per set of fingerprints for each individual, not otherwise being booked into the Adult Detention Facility, on a single day.