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State v. Christian12/6/2005
Opinion Vote: AFFIRMED.
Howard and Holliger, JJ., concur.
Opinion:
Fuller Christian appeals the circuit court's judgment finding him liable for the costs of his care while serving his prison sentence pursuant to sections 217.825-217.841, RSMo 2000 (Incarceration Reimbursement Act). We affirm the circuit court's judgment.
Christian is incarcerated, serving a 50-year sentence for second-degree murder. Christian receives approximately $2000 a year as beneficiary of a trust. The state petitioned the circuit court, requesting that Christian reimburse the state for his care. The circuit court issued an order to Christian to show cause why it should not rule in the state's favor. Christian responded by asserting that application of the reimbursement act to him violated the ex post facto clauses of the Missouri and United States constitutions and that he uses the money to satisfy moral and legal obligations to his wife and three children. The circuit court convened a hearing as required by section 217.835, but, because Christian was incarcerated, he was not permitted to attend. The circuit court entered judgment for the state.
In this appeal, Christian argues that a spendthrift provision prevents the trust's assets from being used for reimbursement purposes under the reimbursement act. Section 217.833 authorizes the state to seek up to 90 percent of an inmate's assets as reimbursement of the costs incurred in caring for him. Section 217.827(1) defines assets in this context as "property, tangible or intangible, real or personal, belonging to or due an offender or a former offender, including income or payments to such offender from Social Security , workers' compensation, veterans' compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, or from any other source whatsoever."
The trust's spendthrift provision does not aid Christian. " pendthrift trusts prevent the alienation of trust property a beneficiary is entitled to receive only until the beneficiary actually receives the property or the beneficiary's right to receive the property accrues." State ex rel. Nixon v. Turpin, 994 S.W.2d 53, 59 (Mo. App. 1999). After the trustee, in exercise of his or her discretion, determines that money is due to the beneficiary, the money becomes property "belonging to" or "due" the beneficiary under section 217.827(1)(a). Id. at 58-59. " proposed or actual distribution becomes an asset for purposes of [the reimbursement act] . . . ." Id. at 59.
The circuit court's order said:
1. Judgment is entered in favor of the state of Missouri and against the defendant, Fuller L. Christian, . . . in the amount of $72,779.43 for the cost of care incurred for his incarceration[.]
2. The Trustee for the Malissa Fuller Trust shall make all distributions to Fuller Christian, C/O Rodney Kueffer, Inmate Treasurer, Missouri Department of Corrections, . . . for so long as Fuller Christian remain in the custody of the Missouri Department of Corrections.
4. Rodney Kueffer, Inmate Treasurer, shall pay [90 percent] of any deposit from the Malissa Fuller Trust into Fuller Christian's Inmate account to plaintiff State of Missouri[.]
Christian misinterprets the circuit court's order to the extent that he describes it as requiring the trust to distribute funds. The circuit court did not order the trust to distribute money to Christian, and it did not characterize undistributed trust assets as assets seizable under the reimbursement act. The circuit court's order simply required that any distributions to Christian be made in the care of the inmate treasurer, and 90 p
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