552.080. Court costs, examination fees, care and treatment, transportation, how paid. — 1. Notwithstanding any other provisions of law, the court in which the proceedings are pending shall, upon application and approval, order the payment of or tax as costs the following expenses and fees, which in each case shall be reasonable, and so found by the court:
(1) Expenses and fees for examinations, reports and expert testimony of private psychiatrists who are neither employees nor contractors of the department of mental health for purposes of performing such services and who are appointed by the court to examine the accused under sections 552.020 and 552.030;
(2) The expenses of conveying any prisoner from a jail to a facility of the department of mental health and the expense of returning 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 as costs or collected, by the state, county or defendant, when liable for such costs under the provisions of
chapter 550. Such order may be made at any time before or after the final disposition of the case and whether or not the accused is convicted or sentenced to the custody of the division of corrections or county jail, as the case may be, or placed upon probation or granted parole.
2. The expenses and fees provided in subsection 1 of this section may be levied and collected under execution; except that, if the state or county has by inadvertence or mistake paid expenses or fees as provided in subsection 1 of this section, the political entity having made such a mistake or inadvertent payment shall be entitled to recover the same from the entity responsible for such payment.
3. If a person is ordered held or hospitalized by the director of the department of mental health or in one of the facilities of the department of mental health pursuant to the following provisions, the liability for hospitalization shall be paid by the person, his estate or those responsible for his support in accordance with chapter 630:
(1) Following determination of lack of mental fitness to proceed under subsection 8 of section 552.020;
(2) Following acquittal because of lack of responsibility due to mental disease or defect under section 552.030, and subsequent order of commitment to the director of the department of mental health under section 552.040.
4. The method of collecting the costs and expenses herein provided or otherwise incurred in connection with the custody, examination, trial, transportation or treatment of any person accused or convicted of any offense shall not be exclusive and same may be collected in any other manner provided by law.
Notes of Decisions
Robb v. Est. of Brown, 518 S.W.2d 729 (Mo. Ct. App. 1974).
· cites it 15× “” Even more pointedly with respect to questions affecting payments for the cost of treatment, the draftsmen of the bill explained in this same symposium at page 727, in their discussion of § 552.080: “Several statutes were scattered throughout the Revised Statutes.”
Crytes v. Schafer, 743 F. Supp. 677 (E.D. Mo. 1990).
· cites it 6× “205 and Section 552.080, RSMo 1986. The Department of Mental Health determines the daily billing for each of the plaintiffs by calculating the patient's financial resources and income per month (including his Social Security benefits), deducting the amount allowed each patient…”
State v. Wolf, 91 S.W.3d 636 (Mo. Ct. App. 2002).
“020 and § 552.080, requesting a mental examination of the appellant in order to determine whether he was competent to assist in his own defense and to determine whether he was suffering from a mental disease or defect at the time of the offenses excluding responsibility.”
State v. D. S., 606 S.W.2d 653 (Mo. 1980).
· cites it 3× “Appellants overlook the fact that § 552.080 2 , construed in Siecke , expressly *655 provides for the court to “tax as costs” the expenses and fees of psychiatric examinations of criminal defendants.”
State ex rel. Foltz v. Ahr, 666 S.W.2d 777 (Mo. Ct. App. 1983).
· cites it 15× “040, RSMo 1969, § 552.080, RSMo 1969 assessed the cost of care for a criminal defendant acquitted by reason of mental disease or defect and committed to hospitalization against the county in which the indictment was found or the information was filed.”
State v. Brizendine, 433 S.W.2d 321 (Mo. 1968).
· cites it 2× “020 defendant was entitled as a matter of course to an examination by a physician of his own choosing and the expense could be taxed as costs under § 552.080. So it would not appear that defendant's counsel's failure to request an examination by a physician of defendant's own…”
State v. Mullen, 532 S.W.2d 794 (Mo. Ct. App. 1975).
“§ 552.080. § 191.130. Whether the motion of defendant is considered as a request for a second examination under § 552.”
State v. Williams, 134 S.W.3d 766 (Mo. Ct. App. 2004).
“” In any event, the trial court interpreted the appellant’s objections as simply going to his request for a second examination and ordered an examination pursuant to Chapter 552, without specifying the purpose of the examination, bearing in mind *771 that the appellant had not…”
Matthew Hendrix v. State of Missouri, 473 S.W.3d 144 (Mo. Ct. App. 2015).
· cites it 2× “The amended motion alleged that Hendrix’s plea counsel failed to thoroughly investigate a defense -under section 552.080, 4 and had he done so, Hendrix *148 would not have accepted the guilty plea and would have been able to present a defense at trial based upon mental disease…”
State v. Page, 592 S.W.2d 549 (Mo. Ct. App. 1980).
“See also, regarding the taxing of costs under § 552.080, Pener, The Missouri Criminal Cost System Re-Examined, 46 U.”
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