Effective - 28 Aug 2011
589.040. Duties of department of corrections — certain inmates to participate in programs. — 1. The director of the department of corrections shall develop a program of treatment, education and rehabilitation for all imprisoned offenders who are serving sentences for sexual assault offenses. When developing such programs, the ultimate goal shall be the prevention of future sexual assaults by the participants in such programs, and the director shall utilize those concepts, services, programs, projects, facilities and other resources designed to achieve this goal.
2. All persons imprisoned by the department of corrections for sexual assault offenses shall be required to successfully complete the programs developed pursuant to subsection 1 of this section prior to being eligible for parole or conditional release.
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(L. 1980 H.B. 1138, et al. § 6, A.L. 1990 H.B. 974, A.L. 2011 H.B. 111 merged with S.B. 250)
(2001) As applied to habeas applicant sentenced prior to effective date of section, section is not an ex post facto law; program is not penal in nature but rehabilitative. State ex rel. Nixon v. Pennoyer, 39 S.W.3d 521 (Mo.App.E.D.).
(2004) Sexual offender program has secular, narrowly tailored legislative purpose of preventing future sexual assaults by participants and does not violate federal or state constitutional provisions of non-establishment and free exercise of religion. Boone v. State, 147 S.W.3d 801 (Mo.App.E.D.).
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 589 - Crime Prevention and Control Programs and Services
Section 589.010 - Short title.
Section 589.015 - Definitions.
Section 589.035 - Center to be separate entity within department — effective date.
Section 589.040 - Duties of department of corrections — certain inmates to participate in programs.
Section 589.200 - Definitions.
Section 589.210 - Authorized agency may require information relevant to theft claim from insurer.
Section 589.300 - Definitions.
Section 589.305 - Department may solicit funds.
Section 589.307 - Fund established, administration, purpose.
Section 589.401 - Removal from registry, petition, procedure.
Section 589.404 - Definitions.
Section 589.405 - Court's duties upon release of sexual offender.
Section 589.410 - Highway patrol to be notified, information to be made a part of MULES.
Section 589.425 - Failure to register, penalty — subsequent violations, penalty.
Section 589.426 - Halloween, restrictions on conduct — violations, penalty.
Section 589.506 - Definitions.
Section 589.509 - Compact commission, duties, members, voting — executive committee established.
Section 589.512 - Commissioner appointed, membership of state council.
Section 589.515 - Commission powers and duties.
Section 589.518 - Bylaws, organization and operation.
Section 589.524 - Maintenance of corporate books and records.
Section 589.527 - Qualified immunity, defense and indemnification.
Section 589.530 - Actions of commission, procedure.
Section 589.533 - Rulemaking authority, procedure.
Section 589.539 - Dispute resolution.
Section 589.542 - Enforcement.
Section 589.548 - Eligibility of compacting states — effective date of compact — amendments.
Section 589.557 - Judicial enforcement.
Section 589.560 - Dissolution of compact.
Section 589.563 - Severability clause.
Section 589.566 - Effect of other laws.
Section 589.569 - Binding effect of the compact.
Section 589.660 - Definitions.
Section 589.663 - Program created, purpose, procedures.
Section 589.664 - Disclosure of address, when — notice — limitation on dissemination.
Section 589.666 - Cancellation of certification, when.
Section 589.669 - Address accepted as participant's address, when.
Section 589.672 - Availability of participant addresses.
Section 589.675 - Inspection and copying of addresses, when.
Section 589.678 - Application, supporting materials, and communications not public records.