HCS/SB 12 - This act modifies various provisions relating to judicial procedures.
PROSECUTING ATTORNEYS' & CIRCUIT ATTORNEYS' RETIREMENT SYSTEM FUND:
Currently, each county must transfer a certain sum of money to the Missouri Prosecuting Attorneys and Circuit Attorneys' Retirement System Fund. This act provides that each county's contribution shall be adjusted in accordance with the retirement system's funded ratio and a schedule provided in the act. A four dollar surcharge, payable to the prosecutor's retirement system, shall be assessed in cases where a person pleads guilty and pays a fine through a fine collection center (Sections 56.807, 488.026).
This provision is identical to provisions in HCS/HB 169 (2013), HCS/HB 371 (2103), HCS/HB 215 (2013), HCS/SB 100 (2013), HCS/SCS/SB 86 (2013), and HCS/SCS/SB 45 (2013).
IMMUNITY FOR COURT APPOINTED ATTORNEYS:
This act provides immunity from civil liability, including malpractice claims, for attorneys appointed by the court to represent indigent parties. Court appointed attorneys may be liable in situations where they acted willfully wrong or with malice or corruption (Section 537.865).
This provision is identical to provisions in HCS/SB 100 (2013).
This act provides that restitution must be paid through the office of the prosecuting or circuit attorney.
In addition, this act allows the prosecuting attorney who takes action to collect restitution to collect an administrative handling cost of $25 if the restitution is less than $100, $50 if the restitution is $100 to $249, and up to $75 if the restitution is $250 or more. Also, an installment cost of $2 must be assessed on each payment, except the first installment, until the total amount is paid in full.
The proceeds of both costs are to be deposited by the county treasurer into an "Administrative Handling Cost Fund" to be expended by the prosecuting attorney. The fund may be used for office supplies, postage, books, training, office equipment, capital outlay, trial expenses, witness preparation, additional employees, salaries, or other lawful expenses incurred by the prosecuting attorney.
This act also requires the collection of $5 per each crime victim to whom restitution is paid. The $5 cost is to be deposited in the Missouri Office of Prosecution Services Fund.
Current law provides that a court may order a person to make restitution when the person has been found guilty of first degree tampering involving an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle or stealing a motor vehicle, watercraft, or aircraft. The restitution must include payment for repairs or replacement of the vehicle, watercraft, or aircraft and any costs associated with towing or storage fees. In addition, a person may be required, as a condition of parole, to make restitution. This act expands the current restitution law so that it applies to any person found guilty of any offense and repeals the provisions requiring the restitution include repairs, towing, and storage fees. In addition, this act provides that a person must be required to make restitution as a condition of parole.
This act allows the court to set an amount of restitution to be taken from the inmate's account while incarcerated by the Department of Corrections.
This act also provides that the payment of restitution may be collected as a condition of conditional release or parole by the prosecuting attorney and that the prosecuting attorney may refer any failure to make restitution as a violation of parole or the terms of conditional release.
This act provides that restitution collected from a person found guilty of passing a bad check must also be put in the "Administrative Handling Cost Fund" (Sections 559.100, 559.105, 570.120).
These provisions are identical to provisions contained in HCS/SB 100 (2013), SB 331 (2013), HCS/HB 317 (2013), HB 214 (2013), and similar to provisions in SS/SCS/HCS/HB 215 (2013).
STATE PUBLIC DEFENDER SYSTEM:
Under current law, the director of Missouri State Public Defender System may contract for legal services with private attorneys on a case-by-case basis as the Public Defender Commission deems necessary for fees approved and established by the Commission. Public defenders must provide legal services to eligible persons detained or charged with any felony, any misdemeanor that will probably result in confinement in jail, or any probation or parole violation.
This act requires the director to contract all nonsexual Class C and D felonies, all nonsexual misdemeanor cases, all traffic cases, and probation violation cases to private attorneys. Under this act, public defenders provide legal services to eligible persons detained or charged with a Class A or B felony or any sexual offense. Public defenders must also provide legal services when a private attorney who has a contract to provide legal services has a conflict of interest.
In addition, this act requires the director to establish district offices, the boundaries of which must coincide with existing judicial circuits. A district office may include more than one judicial circuit, but not portions of any circuit.
This act repeals a provision of current law allowing the director to delegate the legal representation of any person to any member of the Missouri Bar Association. This act allows the director to contract direct appeals of any cases handled by a public defender to private attorneys.
This act prohibits the director or any public defender from providing legal services or contracting for legal services for ineffective assistance of counsel motions or the representation of any crime victim or witness (Section 600.042)
This act requires the Office of Administration, with the approval of the presiding judge of the circuit court, to award contracts for private attorneys to provide legal services through a competitive bidding process. Also, the Office of Administration is required to administer all contracts made by the director of the Missouri State Public Defender System and to establish a quality assurance program for the private attorneys (Section 600.052).
This act declares as null and void a regulation promulgated by the Public Defender Commission, which requires the commission to create a maximum caseload standard and allows the director of the Missouri State Public Defender System to limit the availability of a district office or a public defender to accept cases. This act provides that the public defender may not refuse to provide representation without prior court approval. These provisions have an emergency clause (Section 600.053).
This act requires the public defender to pay the prosecuting attorney a collection fee of 20 percent of the funds collected by the prosecuting attorney on behalf of the public defender when the prosecutor enforces a judgement lien against a person who received legal services from the public defender. The collection fee is to be deposited in the county treasury with one half designated for the prosecuting attorney's office and the other half to be expended as determined by the county (Section 600.090).
These provisions, except for the provisions declaring the maximum caseload standard regulation null and void and prohibiting the public defender from refusing to provide representation, have an effective date of July 1, 2014.
These provisions are identical to provisions contained in HCS/HB 215 (2013) and HCS/SB 100 (2013).
HA 1 - THIS AMENDMENT REMOVES ALL OF SECTIONS 537.865, 600.042, 600.044, 600.52, 600. 53, AND 600.090 RELATING TO THE PUBLIC DEFENDER SYSTEM AND IMMUNITY FOR COURT APPOINTED ATTORNEYS.
HA 2 - THE DEPARTMENT OF MENTAL HEALTH MUST DEVELOP GUIDELINES FOR THE SCREENING AND ASSESSMENT OF PERSON RECEIVING SERVICES FROM THE DEPARTMENT OR ITS CONTRACTED, LICENSED, CERTIFIED, OR FUNDED PROVIDERS WHICH ADDRESS THE INTERACTION BETWEEN PHYSICAL AND MENTAL HEALTH TO ENSURE THAT ALL POTENTIAL CAUSES OF CHANGES IN BEHAVIOR OR MENTAL STATUS CAUSED BY OR ASSOCIATED WITH A MEDICAL CONDITION ARE ASSESSED.
HA 3 - THIS AMENDMENT MODIFIES PROVISIONS REGARDING THE DETENTION OF A PERSON FOR PURPOSES OF MENTAL HEALTH EVALUATION AND TREATMENT UNDER CHAPTER 632 RELATING TO COMPREHENSIVE PSYCHIATRIC SERVICES. A NEW DEFINITION FOR "GRAVELY DISABLED" IS INCLUDED TO MEAN A CONDITION IN WHICH A PERSON, AS A RESULT OF MENTAL ILLNESS OR MENTAL DISORDER, LACKS JUDGMENT IN THE MANAGEMENT OF HIS OR HER RESOURCES AND IN THE CONDUCT OF HIS OR HER SOCIAL RELATIONS TO THE EXTENT THAT HIS OR HER HEALTH OR SAFETY IS SIGNIFICANTLY ENDANGERED AND HE OR SHE LACKS THE CAPACITY TO UNDERSTAND THAT THIS IS SO. A PERSON OF ANY AGE CAN BE GRAVELY DISABLED, BUT SUCH TERM SHALL NOT INCLUDE A PERSON WHO HAS A DEVELOPMENTAL DISABILITY BY REASON OF THE PERSON'S DEVELOPMENTAL DISABILITY ALONE.
THE BASIS FOR DETERMINING WHETHER TO DETAIN A PERSON OR RELEASE A PERSON FOR PURPOSES OF EVALUATION AND TREATMENT SHALL NOW INCLUDE WHETHER THE PERSON SUFFERS FROM A MENTAL DISORDER AND PRESENTS A LIKELIHOOD OF SERIOUS HARM TO HIMSELF OR TO OTHERS OR IS GRAVELY DISABLED.
HA 4 - THIS AMENDMENT MODIFIES VARIOUS SECTIONS OF LAW.
RELEASE OF INFORMATION BY THE DEPARTMENT OF REVENUE:
THIS AMENDMENT REPEALS THE REQUIREMENT THAT A MEMBER OF THE JUDICIARY MUST NOTIFY THE DEPARTMENT OF REVENUE WHEN THE MEMBER'S STATUS CHANGES AND THE MEMBER NO LONGER QUALIFIES FOR THE EXEMPTION WHICH PROHIBITS THE DEPARTMENT FROM RELEASING CERTAIN INFORMATION (SECTION 32.056).
CRIMINAL RECORDS & JUSTICE INFORMATION ADVISORY COMMITTEE:
WITHIN THE DEPARTMENT OF PUBLIC SAFETY THERE IS A CRIMINAL RECORDS AND JUSTICE INFORMATION ADVISORY COMMITTEE, WHICH IS COMPOSED OF VARIOUS MEMBERS. THIS AMENDMENT REPLACES THE CHAIRMAN OF THE CIRCUIT COURT BUDGET COMMITTEE AS A MEMBER OF THE ADVISORY COMMITTEE WITH THE CHAIRMAN OF THE COURT AUTOMATION COMMITTEE (SECTION 43.518).
SEX OFFENDER REGISTRY (SECTIONS 43.650, 589.400, 589.402):
UNDER THIS AMENDMENT, BEGINNING AUGUST 28, 2013, NO INFORMATION SHALL BE PROVIDED ON SEX OFFENDER WEBSITES MAINTAINED BY THE HIGHWAY PATROL OR ANY LOCAL LAW ENFORCEMENT AGENCIES REGARDING OFFENDERS WHO WERE UNDER THE AGE OF 18 WHEN THEY COMMITTED THEIR SEX OFFENSES. INFORMATION REGARDING SUCH OFFENDERS THAT IS CURRENTLY ON THE WEBSITES MUST BE REMOVED IMMEDIATELY.
OFFENDERS ON THE ADULT REGISTRY WHO WERE JUVENILES AT THE TIME OF THEIR OFFENSES WILL BE REQUIRED TO REGISTER AS SEX OFFENDERS ON THE ADULT REGISTRY FOR A PERIOD OF FIVE YEARS FROM THE LATER OF THE DATE THEY WERE FOUND GUILTY OR WERE RELEASED FROM CUSTODY. AFTER THE FIVE-YEAR PERIOD, SUCH OFFENDERS MAY PETITION FOR REMOVAL FROM THE REGISTRY. THE PETITION MAY BE FILED IN THE COURT IN THE COUNTY IN WHICH THE PERSON WAS FOUND GUILTY OF THE OFFENSE REQUIRING REGISTRATION. A PERSON WHOSE OFFENSE WAS ADJUDICATED OUTSIDE THE STATE MAY PETITION IN THE COURT IN THE COUNTY IN WHICH SUCH PERSON RESIDES IF THE PERSON HAS BEEN A RESIDENT OF MISSOURI FOR AT LEAST FIVE YEARS PRIOR TO FILING THE PETITION.
LAW ENFORCEMENT IMMUNITY:
THE AMENDMENT STATES THAT LAW ENFORCEMENT OFFICERS SHALL HAVE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY WHEN CONDUCTING SERVICE OF PROCESS (SECTION 57.095).
UNDER THE AMENDMENT A CREDIT AGREEMENT MUST BE EXECUTED BY BOTH THE DEBTOR AND THE LENDER FOR A DEBTOR TO MAINTAIN AN ACTION UPON OR DEFENSE RELATED TO THE CREDIT AGREEMENT (SECTION 432.047).
MORTGAGE LOAN ORIGINATORS:
THE AMENDMENT REQUIRES LICENSED MORTGAGE LOAN ORIGINATORS TO COMPLETE ONE HOUR OF CONTINUING EDUCATION IN MISSOURI LAW AND REGULATIONS, AS PART OF THE EIGHT HOURS OF EDUCATION NECESSARY TO MAINTAIN LICENSURE (SECTION 443.723).
CURRENTLY, WHEN CUSTODY OR VISITATION IS INTERFERED WITH BY A PARENT WITHOUT GOOD CAUSE THE AGGRIEVED PERSON MAY FILE A FAMILY ACCESS MOTION WITH THE COURT STATING THE FACTS WHICH CONSTITUTE A VIOLATION OF THE JUDGMENT OF DISSOLUTION OR LEGAL SEPARATION. THIS AMENDMENT STATES THAT THE AGGRIEVED PERSON MAY FILE A FAMILY ACCESS MOTION WITH THE COURT ALSO FOR A VIOLATION OF A JUDGMENT OF PATERNITY (SECTION 452.400).
ADOPTION CONSENT OF THE FATHER:
THE CONSENT TO ADOPTION OF A MAN WHO HAS REASON TO BELIEVE HE IS THE BIOLOGICAL FATHER OF AN UNBORN CHILD AND WHO ATTEMPTED TO COERCE THE MOTHER TO OBTAIN AN ABORTION IS NOT REQUIRED (SECTION 453.040).
SEGREGATION OF FEES COLLECTED BY THE OFFICE OF STATE COURTS ADMINISTRATOR:
THE AMENDMENT SPECIFIES THAT MONEYS COLLECTED FOR PROVIDING TRAINING TO JUDICIAL PERSONNEL BY THE OFFICE OF STATE COURTS ADMINISTRATOR SHALL BE DEPOSITED IN A SPECIAL FUND, BUT MONEYS IN THE FUND IN CONNECTION WITH A PARTICULAR PURPOSE SHALL BE SEGREGATED AND NOT DISBURSED FOR ANY OTHER PURPOSE (SECTION 476.057).
COURT TRANSCRIPTS COSTS:
THE AMENDMENT SPECIFIES THAT THE COURT REPORTER SHALL RECEIVE THREE DOLLARS AND FIFTY CENTS PER PAGE FOR APPEAL TRANSCRIPTS. WHEN THE DEFENDANT IS INDIGENT OR WHEN A JUDGE ORDERS A TRANSCRIPT, THE COURT REPORTER SHALL RECEIVE TWO DOLLARS AND SIXTY CENTS PER PAGE (SECTION 488.2250).
BANKRUPTCY PROCEEDINGS EXEMPTIONS:
UNDER CURRENT LAW A PERSON, EITHER AS A PARTICIPANT OR A BENEFICIARY, CAN EXEMPT FROM ATTACHMENT IN BANKRUPTCY PROCEEDINGS THE RIGHT TO RECEIVE MONEY FROM A RETIREMENT OR PROFIT-SHARING PLAN. THIS AMENDMENT INCLUDES A PERSON'S INTEREST IN HEALTH SAVINGS PLANS AND INHERITED ACCOUNTS TO THIS LIST OF EXEMPTIONS (SECTION 513.430).
LIABILITY FOR SUPERVISORS OF COMMUNITY SERVICE:
THE AMENDMENT GRANTS LIMITED CIVIL IMMUNITY TO ANY ENTITY WHICH SUPERVISES COMMUNITY SERVICE WORK PERFORMED IN CONNECTION WITH A WRITTEN DEFERRED PROSECUTION AGREEMENT (SECTION 537.602).
THE AMENDMENT PROVIDES THAT A PARTY WHO TAKES A DEPOSITION IN A CRIMINAL CASE IS RESPONSIBLE FOR THE COSTS OF PROVIDING ONE COPY OF THE DEPOSITION TRANSCRIPT TO THE OPPOSING PARTY (SECTION 545.417).
PROSECUTION JURISDICTION OF DEFENDANTS WHO MAKE A TERRORIST THREAT AGAINST A SCHOOL:
PERSONS ACCUSED OF COMMITTING THE OFFENSE OF MAKING A TERRORIST THREAT AGAINST A SCHOOL SHALL BE PROSECUTED IN THE COUNTY WHERE THE OFFENSE IS COMMITTED, THE COUNTIES WHERE ANY ELEMENT OF THE OFFENSE IS OCCURRED IF THE OFFENSE IS COMMITTED IN MULTIPLE COUNTIES, IN THE COUNTY WHERE THE SCHOOL IS LOCATED WHICH WAS THE TARGET OF THE THREAT, OR IN THE COUNTY WHERE THE ACCUSED RESIDES (SECTION 541.033).
FIRST DEGREE MURDER SENTENCING FOR JUVENILE OFFENDERS:
THIS AMENDMENT REPEALS THE MANDATORY LIFE SENTENCE FOR JUVENILE OFFENDERS WHO COMMITTED FIRST DEGREE MURDER, WHICH THE SUPREME COURT FOUND TO BE UNCONSTITUTIONAL, AND PROVIDES THAT OFFENDERS WHO WERE UNDER THE AGE OF EIGHTEEN AT THE TIME OF THE FIRST DEGREE MURDER MAY BE SENTENCED TO EITHER LIFE IMPRISONMENT WITHOUT PAROLE OR LIFE IMPRISONMENT WITH THE ELIGIBILITY FOR PAROLE AFTER FIFTY YEARS.
THE AMENDMENT STATES THAT WITHIN FOURTEEN DAYS OF THE JUVENILE'S CONVICTION THE PROSECUTOR MAY FILE A MOTION REQUESTING A HEARING TO DETERMINE WHICH SENTENCE TO IMPOSE. IF THE PROSECUTOR FAILS TO FILE THE MOTION THEN THE SENTENCE SHALL BE LIFE WITH ELIGIBILITY FOR PAROLE AFTER FIFTY YEARS (SECTION 565.020).
THE AMENDMENT MODIFIES SECTION 600.042 WHICH WAS PREVIOUSLY REMOVED BY HA 1.
PUBLIC DEFENDER SYSTEM:
THE AMENDMENT PROVIDES THAT NEITHER THE DIRECTOR NOR THE COMMISSION MAY LIMIT THE AVAILABILITY OF A DISTRICT OFFICE OR A PUBLIC DEFENDER TO ACCEPT CASES BASED ON A DETERMINATION THAT THE OFFICE HAS EXCEEDED A CASELOAD STANDARD. IT SPECIFIES THAT THE DIRECTOR, COMMISSION, AND ANY PUBLIC DEFENDER MAY NOT REFUSE TO PROVIDE REPRESENTATION WITHOUT PRIOR COURT APPROVAL (SECTION 600.062).
IN ADDITION, THE AMENDMENT ALLOWS ANY DISTRICT DEFENDER TO FILE A MOTION TO REQUEST A CONFERENCE TO DISCUSS CASELOAD ISSUES INVOLVING AN INDIVIDUAL PUBLIC DEFENDER OR DEFENDERS WITH THE PRESIDING JUDGE OF A CIRCUIT COURT SERVED BY THE OFFICE. WITHIN 30 DAYS OF THE CONFERENCE, THE JUDGE MUST ISSUE AN ORDER EITHER GRANTING OR DENYING RELIEF (SECTION 600.063).
THIS AMENDMENT REQUIRES JUDGES, BEFORE APPOINTING PRIVATE COUNSEL TO REPRESENT AN INDIGENT DEFENDANT, TO INVESTIGATE THE DEFENDANT'S FINANCIAL STATUS TO VERIFY THE DEFENDANT DOES NOT HAVE THE MEANS TO OBTAIN COUNSEL, PROVIDE EACH APPOINTED LAWYER, UPON REQUEST, WITH AN EVIDENTIARY HEARING ON THE PROPRIETY OF THE APPOINTMENT, AND DETERMINE THE APPOINTED COUNSEL HAS THE NECESSARY EXPERIENCE, EDUCATION, AND EXPERTISE IN CRIMINAL DEFENSE TO PROVIDE EFFECTIVE ASSISTANCE OF COUNSEL. A JUDGE WHO FINDS THAT AN APPOINTMENT WILL CAUSE UNDUE HARDSHIP ON AN ATTORNEY MUST APPOINT A DIFFERENT ATTORNEY TO REPRESENT THE DEFENDANT. A JUDGE IS PROHIBITED FROM REQUIRING A LAWYER TO ADVANCE ANY AMOUNT OF PERSONAL FUNDS FOR THE COST OF DEFENDING AN INDIGENT DEFENDANT (SECTION 600.063).
WHEN AN EMPLOYEE OF THE GENERAL ASSEMBLY IS APPOINTED TO REPRESENT AN INDIGENT DEFENDANT DURING THE LEGISLATIVE, SPECIAL, OR VETO SESSION, OR AN OUT-OF-SESSION COMMITTEE HEARING, THE JUDGE MUST POSTPONE THE TRIAL AND OTHER COURT PROCEEDINGS TO A DATE THAT DOES NOT FALL DURING SUCH TIMES OR APPOINT A DIFFERENT LAWYER WHO IS NOT AN EMPLOYEE OF THE GENERAL ASSEMBLY (SECTION 600.064).
THIS AMENDMENT PROVIDES THAT PRIVATE COUNSEL APPOINTED TO REPRESENT AN INDIGENT DEFENDANT MAY SEEK PAYMENT OF LITIGATION EXPENSES FROM THE PUBLIC DEFENDER SYSTEM, BUT SUCH EXPENSES SHALL NOT INCLUDE COUNSEL FEES AND SHALL BE APPROVED IN ADVANCE BY THE DIRECTOR (SECTION 600.064).
HA 5 - THIS AMENDMENT ALLOWS KANSAS CITY TO PROVIDE FOR AN ADDITIONAL SURCHARGE OF UP TO SEVEN DOLLARS IN MUNICIPAL ORDINANCE VIOLATION CASES. NO ADDITIONAL COST SHALL BE COLLECTED IN A PROCEEDING INVOLVING AN INDIGENT DEFENDANT. THE SURCHARGE SHALL BE USED TO FUND SPECIAL MENTAL HEALTH, DRUG, AND VETERANS COURTS (SECTION 488.2230).
HA 6 - THIS AMENDMENT MODIFIES SECTIONS OF LAW REGARDING THE CRIME OF NONSUPPORT. THE TERM "ARREAGE" IS DEFINED, AND ANY PERSON WHO WAS FOUND GUILTY OF CRIMINAL NONSUPPORT AND HAS MET ADDITIONAL REQUIREMENTS MAY PETITION THE COURT FOR THE EXPUNGEMENT OF RECORDS OF ARREST, PLEA, TRIAL, OR CONVICTION (SECTION 568.040).
HA 7 - THIS AMENDMENT STATES THAT A PERSON IS GUILTY OF ANIMAL NEGLECT WHEN HE OR SHE HAS CUSTODY, OWNERSHIP, OR BOTH OF AN ANIMAL AND FAILS TO PROVIDE ADEQUATE CARE (SECTION 578.009).
THE AMENDMENT CREATES THE CRIME OF ANIMAL TRESPASS IF A PERSON HAVING OWNERSHIP OR CUSTODY OF AN ANIMAL KNOWINGLY FAILS TO PROVIDE ADEQUATE CONTROL FOR A PERIOD EQUAL TO OR EXCEEDING TWELVE HOURS. THE FIRST CONVICTION FOR ANIMAL TRESPASS IS PUNISHABLE BY A FINE NOT TO EXCEED TWO HUNDRED DOLLARS. THE SECOND AND SUBSEQUENT CONVICTIONS ARE A CLASS C MISDEMEANOR PUNISHABLE BY IMPRISONMENT OR A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS (SECTION 578.011).
A PERSON IS GUILTY OF ANIMAL ABUSE IF A PERSON HAVING OWNERSHIP OR CUSTODY OF AN ANIMAL KNOWINGLY FAILS TO PROVIDE ADEQUATE CARE THAT RESULTS IN SUBSTANTIAL HARM TO THE ANIMAL (SECTION 578.012).
HA 9 - THIS AMENDMENT SPECIFIES THAT IT IS A CLASS B MISDEMEANOR FOR A PERSON TWENTY-ONE YEARS OR OLDER TO PRESENT FALSE IDENTIFICATION TO A LICENSEE OR A GAMING AGENT IN ORDER TO ENTER A GAMBLING BOAT. IT IS UNLAWFUL FOR A PERSON UNDER TWENTY-ONE TO PRESENT FALSE IDENTIFICATION TO A LICENSEE OR A GAMING AGENT IN ORDER TO GAIN ENTRANCE TO A GAMBLING BOAT, AND THE PENALTY IS A $500 FINE AND AN INFRACTION FOR THE FIRST OFFENSE AND A CLASS B MISDEMEANOR FOR THE SECOND AND SUBSEQUENT OFFENSES (SECTION 313.817).
HA 10 - AN INDIVIDUAL INCARCERATED AS A RESULT OF A PROBATION OR PAROLE REVOCATION BASED ON A CRIME FOR WHICH THE INDIVIDUAL IS FOUND TO BE INNOCENT MAY RECEIVE FIFTY DOLLARS PER DAY FOR EACH DAY OF POST-REVOCATION INCARCERATION (SECTION 650.058).