Missouri Revised Statutes
Chapter 632 - Comprehensive Psychiatric Services
Section 632.484 - Detention and evaluation of persons alleged to be sexually violent predators — duties of attorney general and department of mental health.

Effective - 28 Aug 2014, 3 histories
632.484. Detention and evaluation of persons alleged to be sexually violent predators — duties of attorney general and department of mental health. — 1. When the attorney general receives written notice from any law enforcement agency that a person, who has pled guilty to or been convicted of a sexually violent offense and who is not presently in the physical custody of an agency with jurisdiction has committed a recent overt act, the attorney general may file a petition for detention and evaluation with the probate division of the court in which the person was convicted, or committed pursuant to chapter 552, alleging the respondent may meet the definition of a sexually violent predator and should be detained for evaluation for a period of up to nine days. If the person was convicted in another jurisdiction and the recent overt act was committed in this state, the attorney general may file the petition for detention and evaluation with the probate division of the court in the county of this state where the overt act was committed. The written notice shall include the previous conviction record of the person, a description of the recent overt act, if applicable, and any other evidence which tends to show the person to be a sexually violent predator. The attorney general shall provide notice of the petition to the prosecuting attorney of the county where the petition was filed.
2. Upon a determination by the court that the person may meet the definition of a sexually violent predator, the court shall order the detention and transport of such person to a secure facility to be determined by the department of mental health. The attorney general shall immediately give written notice of such to the department of mental health.
3. Upon receiving physical custody of the person and written notice pursuant to subsection 2 of this section, the department of mental health shall, through either a psychiatrist or psychologist as defined in section 632.005, make a determination whether or not the person meets the definition of a sexually violent predator. The department of mental health shall, within seven days of receiving physical custody of the person, provide the attorney general with a written report of the results of its investigation and evaluation. The attorney general shall provide any available records of the person that are retained by the department of corrections to the department of mental health for the purposes of this section. If the department of mental health is unable to make a determination within seven days, the attorney general may request an additional detention of ninety-six hours from the court for good cause shown.
4. If the department determines that the person may meet the definition of a sexually violent predator, the attorney general shall provide the results of the investigation and evaluation to the prosecutors' review committee. The prosecutors' review committee shall, by majority vote, determine whether or not the person meets the definition of a sexually violent predator within twenty-four hours of written notice from the attorney general's office. If the prosecutors' review committee determines that the person meets the definition of a sexually violent predator, the prosecutors' review committee shall provide written notice to the attorney general of its determination. The attorney general may file a petition pursuant to section 632.486 within forty-eight hours after obtaining the results from the department.
5. For the purposes of this section "recent overt act" means any act that creates a reasonable apprehension of harm of a sexually violent nature.
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(L. 1999 H.B. 852, A.L. 2006 H.B. 1698, et al., A.L. 2007 S.B. 613 Revision, A.L. 2014 S.B. 621)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 632 - Comprehensive Psychiatric Services

Section 632.005 - Definitions.

Section 632.010 - Responsibilities, powers, functions and duties of division.

Section 632.015 - Division director to be chief administrative officer.

Section 632.020 - Advisory council for comprehensive psychiatric services — members, number, terms, qualifications, appointment — organization, meetings — duties.

Section 632.025 - Services to be provided.

Section 632.030 - Department to develop state plan, contents.

Section 632.035 - Department director to establish regions.

Section 632.040 - Department director may establish regional councils — division director to appoint members — terms and qualifications of members.

Section 632.045 - Duties of regional advisory councils — plans — employment of staff.

Section 632.050 - Division to identify community-based services.

Section 632.055 - Division to provide services.

Section 632.060 - Department may establish outpatient clinics — cooperation with others.

Section 632.070 - Department of social services to cooperate with mental health department — consent for minors required.

Section 632.105 - Adults to be accepted for evaluation, when, by whom — may then be admitted to mental health facility — consent required.

Section 632.110 - Minors to be accepted for evaluation, when, by whom — may then be admitted to mental health facility — parent or guardian to consent — peace officer may transport to facility, when.

Section 632.115 - Juveniles to be admitted by heads of facilities when committed.

Section 632.120 - Incompetents to be accepted by heads of facilities upon application — duration of admission for evaluation — consent may be authorized.

Section 632.150 - Release of voluntary patients — voluntary patient may be involuntarily detained, procedure.

Section 632.155 - Release of voluntary minor patients, consent required — may be involuntarily detained, when, procedure.

Section 632.175 - Review of patient's condition, by whom, when — release or placement — copy of review to be given.

Section 632.300 - Procedure when a likelihood of serious harm is alleged.

Section 632.305 - Detention for evaluation and treatment, who may request — procedure — duration — disposition after application.

Section 632.310 - Facilities to accept certain applicants — evaluation to follow — transportation back to place of residence.

Section 632.312 - Transportation costs, sheriff may be reimbursed.

Section 632.315 - Copies of admission application to be furnished.

Section 632.320 - Time limits for certain procedures.

Section 632.325 - Information to be furnished to patient and others, when.

Section 632.330 - Additional detention and treatment may be requested — contents of petition.

Section 632.335 - Court procedures relating to continued detention or outpatient detention and treatment — continued detention may be ordered — patient's rights relating thereto.

Section 632.337 - Immediate inpatient detention during court-ordered outpatient detention and treatment, procedure.

Section 632.340 - Further additional detention or outpatient detention and treatment may be requested — hearing to be held, when — treatment plan to be presented.

Section 632.345 - Physician or licensed psychologist to be appointed, qualifications — detention to be continued, how long.

Section 632.350 - Conduct of hearing — jury question — result.

Section 632.355 - Additional detention or period of outpatient detention and treatment may be ordered, when.

Section 632.360 - Discharge of patient, when — procedure.

Section 632.365 - Where detention to take place.

Section 632.370 - Transfer of patient by department — hearing on transfer of minor to adult ward — consent required — notice to be given — considerations — transfer to federal facility, notice, restrictions.

Section 632.375 - Patient to be evaluated, when — report to certain persons — court may consider continuation of detention.

Section 632.380 - Provisions of chapter not to apply to certain persons.

Section 632.385 - Patient to be placed outside facility, when — conditions — duration — furloughs — modification of orders — notice requirements.

Section 632.390 - Head of program to release certain patients — notification to interested parties — involuntary patient may become voluntary, notification to interested parties.

Section 632.392 - Release of patient involuntarily detained, duties of department — educational materials — disclosure of confidential information — "care provider" defined.

Section 632.395 - Court may order transfer of custody to federal facility, when — head of federal facility to be successor administrator — court to retain jurisdiction — orders from courts of other states to be observed in this state.

Section 632.400 - Reexamination of detained person.

Section 632.405 - Prosecutor's duties.

Section 632.410 - Venue — change of jurisdiction.

Section 632.415 - Court to maintain register of attorneys available to represent patients — state to pay certain attorney's fees.

Section 632.420 - Certain examining physicians to be paid by state.

Section 632.425 - Physician-patient, psychologist-patient privileges waived in detention proceedings.

Section 632.430 - Appeals — to have priority — attorney general to be notified and to represent state.

Section 632.435 - Habeas corpus.

Section 632.440 - No liability for health care professionals, public officials and certain peace officers.

Section 632.445 - No liability for petitioners.

Section 632.450 - Representation by attorney required — duties of attorney.

Section 632.455 - Patient, absent without permission, return may be requested, when.

Section 632.475 - Sexual psychopaths committed before August 13, 1980, effect — application for release, hearing procedure — law officers to be given notice of probation or discharge.

Section 632.480 - Definitions.

Section 632.483 - Notice to attorney general, when — contents of notice — immunity from liability, when — multidisciplinary team established — prosecutors' review committee established.

Section 632.484 - Detention and evaluation of persons alleged to be sexually violent predators — duties of attorney general and department of mental health.

Section 632.486 - Petition filed by attorney general, when — copy of multidisciplinary team's assessment to be filed with petition.

Section 632.489 - Probable cause determined — sexually violent predator taken into custody, when — hearing, procedure — examination by department of mental health.

Section 632.492 - Trial — procedure — assistance of counsel, right to jury, when.

Section 632.495 - Unanimous verdict required — offender committed to custody of department of mental health, when — contracting with county jails, when — release, when — mistrial procedures.

Section 632.498 - Annual examination of mental condition, not required, when — annual review by the court — petition for release, hearing, procedures (when director disapproves).

Section 632.501 - Petition for release — hearing (when director approves).

Section 632.504 - Subsequent petitions for release — approval or denial procedures.

Section 632.505 - Conditional release — interagency agreements for supervision, plan — court review of plan, order, conditions — copy of order — continuing control and care — modifications — violations — agreements with private entities — fee, rulema...

Section 632.507 - Attorney general to inform victims — notification of proceedings.

Section 632.510 - Release of information, when.

Section 632.513 - Sealed records of proceedings — access permitted, when.

Section 632.520 - Offender committing violence against an employee--definitions--penalty--damage of property, violation, penalty.

Section 632.525 - Abrogation of case law, sexually violent offense definition.

Section 632.550 - Definitions.

Section 632.553 - Department to designate county for demonstration project — advisory board, members, duties — project goals.

Section 632.555 - Governing board for project, members, terms, duties.

Section 632.557 - Reports to governor and general assembly.

Section 632.560 - Mental health care provider requirements.

Section 632.575 - Unlawful use of unmanned aircraft over a mental health hospital, offense of — permissible acts — signage — violation, penalty.