Missouri Revised Statutes
Chapter 632 - Comprehensive Psychiatric Services
Section 632.489 - Probable cause determined — sexually violent predator taken into custody, when — hearing, procedure — examination by department of mental health.

Effective - 28 Aug 2009, 2 histories
632.489. Probable cause determined — sexually violent predator taken into custody, when — hearing, procedure — examination by department of mental health. — 1. Upon filing a petition pursuant to section 632.484 or 632.486, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If such probable cause determination is made, the judge shall direct that person be taken into custody and direct that the person be transferred to an appropriate secure facility, including, but not limited to, a county jail. If the person is ordered to the department of mental health, the director of the department of mental health shall determine the appropriate secure facility to house the person under the provisions of section 632.495.
2. Within seventy-two hours after a person is taken into custody pursuant to subsection 1 of this section, excluding Saturdays, Sundays and legal holidays, such person shall be provided with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the detained person is a sexually violent predator. At this hearing the court shall:
(1) Verify the detainee's identity; and
(2) Determine whether probable cause exists to believe that the person is a sexually violent predator. The state may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.
3. At the probable cause hearing as provided in subsection 2 of this section, the detained person shall have the following rights in addition to the rights previously specified:
(1) To be represented by counsel;
(2) To present evidence on such person's behalf;
(3) To cross-examine witnesses who testify against such person; and
(4) To view and copy all petitions and reports in the court file, including the assessment of the multidisciplinary team.
4. If the probable cause determination is made, the court shall direct that the person be transferred to an appropriate secure facility, including, but not limited to, a county jail, for an evaluation as to whether the person is a sexually violent predator. If the person is ordered to the department of mental health, the director of the department of mental health shall determine the appropriate secure facility, which may include a county jail as set forth in section 632.495, to house the person. The court shall direct the director of the department of mental health to have the person examined by a psychiatrist or psychologist as defined in section 632.005 who was not a member of the multidisciplinary team that previously reviewed the person's records. In addition, such person may be examined by a consenting psychiatrist or psychologist of the person's choice at the person's own expense. Any examination shall be conducted in the facility in which the person is confined. Any examinations ordered shall be made at such time and under such conditions as the court deems proper; except that, if the order directs the director of the department of mental health to have the person examined, the director shall determine the time, place and conditions under which the examination shall be conducted. The psychiatrist or psychologist conducting such an examination shall be authorized to interview family and associates of the person being examined, as well as victims and witnesses of the person's offense or offenses, for use in the examination unless the court for good cause orders otherwise. The psychiatrist or psychologist shall have access to all materials provided to and considered by the multidisciplinary team and to any police reports related to sexual offenses committed by the person being examined. Any examination performed pursuant to this section shall be completed and filed with the court within sixty days of the date the order is received by the director or other evaluator unless the court for good cause orders otherwise. One examination shall be provided at no charge by the department. All costs of any subsequent evaluations shall be assessed to the party requesting the evaluation.
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(L. 1998 H.B. 1405, et al. § 4, A.L. 1999 H.B. 852, A.L. 2006 H.B. 1698, et al., A.L. 2009 H.B. 826 merged with S.B. 435)

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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.