Date: February 17, 2025
To: Rep. Christ and members of the House Emerging Issues Committee
From: Gwen Smith, Criminal Justice Policy Manager, Empower Missouri
Re: Our support for HB 723
Founded in 1901, Empower Missouri advocates for the well-being of Missourians through civic leadership, education, and research. As part of our work, we organize a statewide Community Justice Coalition with the goal of decreasing recidivism, decreasing the prison population, and decreasing Missouri’s criminal justice costs all while ensuring our communities are safe. Many coalition members are formerly incarcerated or have currently incarcerated loved ones, and all are connected by a vision for a future without mass incarceration.
We support Representative Peter’s HB 723, which would repeal the Missouri Incarceration Reimbursement Act, or MIRA. This law allows the state attorney general to seize the assets of men and women who are serving time in Missouri prisons.
Annually, MIRA lawsuits brought by the AG’s office raise a fraction of a percent of the Department of Corrections budget, while seizing up to 90% of the incarcerated person’s assets. Those assets are typically in the form of money from a legal settlement, insurance proceeds when a relative dies, or funds from the sale of property. Most of the individuals sued by the AG’s office under this law do not have the means to retain legal counsel to challenge the lawsuit, and typically cannot even appear in court themselves due to their incarceration. The Public Defender’s office is not able to intervene in such cases.
The DOC budget in 2023 was almost $187 million, and the revenue obtained from MIRA lawsuits filed by Missouri Attorney General Andrew Bailey was $450,000. The MIRA does not provide any measurable relief for taxpayers. For the incarcerated individuals whose assets are being seized, these small windfalls could be life-changing sums of money, providing the ability to provide for family members on the outside while they are in prison or help cover the myriad of costs associated with the reentry process. This law doubles down on punishment for people who are already serving their time, going beyond the scope of the sentence set by a judge and seizing assets that would otherwise go to support loved ones and/or the individual’s life after prison.
We encourage a ‘yes’ vote on HB 723 that would repeal this outdated law and protect the rights and assets of all Missourians.
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