Missouri Revised Statutes
Chapter 559 - Probation
Section 559.117 - Mental health assessment pilot program — offenders eligible — report to sentencing court — no probation, when — report to governor and general assembly.

Effective - 28 Aug 2013, 2 histories
559.117. Mental health assessment pilot program — offenders eligible — report to sentencing court — no probation, when — report to governor and general assembly. — 1. The director of the department of corrections is authorized to establish, as a three-year pilot program, a mental health assessment process.
2. Only upon a motion filed by the prosecutor in a criminal case, the judge who is hearing the criminal case in a participating county may request that an offender be placed in the department of corrections for one hundred twenty days for a mental health assessment and for treatment if it appears that the offender has a mental disorder or mental illness such that the offender may qualify for probation including community psychiatric rehabilitation (CPR) programs and such probation is appropriate and not inconsistent with public safety. Before the judge rules upon the motion, the victim shall be given notice of such motion and the opportunity to be heard. Upon recommendation of the court, the department shall determine the offender's eligibility for the mental health assessment process.
3. Following this assessment and treatment period, an assessment report shall be sent to the sentencing court and the sentencing court may, if appropriate, release the offender on probation. The offender shall be supervised on probation by a state probation and parole officer, who shall work cooperatively with the department of mental health to enroll eligible offenders in community psychiatric rehabilitation (CPR) programs.
4. Notwithstanding any other provision of law, probation shall not be granted under this section to offenders who:
(1) Have been found guilty of, or plead guilty to, murder in the second degree under section 565.021;
(2) Have been found guilty of, or plead guilty to, rape in the first degree under section 566.030 or forcible rape under section 566.030 as it existed prior to August 28, 2013;
(3) Have been found guilty of, or plead guilty to, statutory rape in the first degree under section 566.032;
(4) Have been found guilty of, or plead guilty to, sodomy in the first degree under section 566.060 or forcible sodomy under section 566.060 as it existed prior to August 28, 2013;
(5) Have been found guilty of, or plead guilty to, statutory sodomy in the first degree under section 566.062;
(6) Have been found guilty of, or plead guilty to, child molestation in the first degree under section 566.067 when classified as a class A felony;
(7) Have been found to be a predatory sexual offender under section 566.125*; or
(8) Have been found guilty of, or plead guilty to, any offense for which there exists a statutory prohibition against either probation or parole.
5. At the end of the three-year pilot, the director of the department of corrections and the director of the department of mental health shall jointly submit recommendations to the governor and to the general assembly by December 31, 2015, on whether to expand the process statewide.
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(L. 2012 H.B. 1318, A.L. 2013 H.B. 215)
*Section 558.018 was transferred to section 566.125 by S.B. 491, 2014, effective 1-01-17.

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders

Chapter 559 - Probation

Section 559.012 - Eligible for probation, when.

Section 559.016 - Terms of probation — extension.

Section 559.021 - Conditions of probation — compensation of victims — free work, public or charitable — defendant not an employee for workers' compensation purposes — payment to county restitution fund, when.

Section 559.026 - Detention condition of probation.

Section 559.029 - Transfer of supervision.

Section 559.031 - Transfer to another court.

Section 559.036 - Duration of probation — revocation.

Section 559.100 - Circuit courts, power to place on probation or parole — revocation — conditions — restitution.

Section 559.105 - Restitution may be ordered, when — limitation on release from probation — amount of restitution.

Section 559.106 - Lifetime supervision of certain sexual offenders — electronic monitoring — termination at age sixty-five permitted, when.

Section 559.107 - Notification of monitoring to highway patrol — information entered into MULES and sexual offender registry.

Section 559.110 - Bond may be required — forfeiture.

Section 559.115 - Appeals, probation not to be granted, when — probation granted after delivery to department of corrections, time limitation, assessment — one hundred twenty day program — notification to state, when, hearing — no probation in certai...

Section 559.117 - Mental health assessment pilot program — offenders eligible — report to sentencing court — no probation, when — report to governor and general assembly.

Section 559.120 - Probation may be granted, when — community-based treatment program participation, when.

Section 559.125 - Record of applications for probation or parole to be kept — information to be privileged — exceptions.

Section 559.201 - Board of probation and parole created, 6th, 7th and 16th circuits — powers.

Section 559.211 - Board of probation and parole — powers.

Section 559.221 - Board of probation and parole — concurrent powers with trial courts.

Section 559.231 - Board of probation and parole — records.

Section 559.241 - Board of probation and parole — personnel.

Section 559.301 - Board of paroles created, certain circuits — powers.

Section 559.311 - Board of paroles — rules and regulations — meetings — members.

Section 559.321 - Board of paroles — powers.

Section 559.331 - Board of paroles — duties — records.

Section 559.600 - Misdemeanor probation may be provided by contract with private entities, not to exclude board of probation and parole — drug testing — travel limits.

Section 559.602 - Private entities to make application to circuit court to provide misdemeanor probation — contract content — procedure — withdrawal of board, when.

Section 559.604 - Cost of misdemeanor probation to be paid by offenders, exceptions.

Section 559.607 - Municipal ordinance violations, probation may be contracted for by municipal courts, procedure — cost to be paid by offenders, exceptions.

Section 559.609 - Qualifications and factors considered by judges in approving private entities to serve as probation offices.

Section 559.612 - Bids to be made by private entities — minimum duration for contracts — termination for cause prior to expiration permitted.

Section 559.615 - Nepotism or financial interest by judges or certain other elected county officials, in private entities, prohibited.

Section 559.630 - Definitions.

Section 559.633 - Court to order participation in program, when — fees determined by department of corrections — supplemental fee to be deposited in correctional substance abuse earnings fund.

Section 559.635 - Correctional substance abuse earnings fund, use, rules.