FIRST REGULAR SESSION

[P E R F E C T E D]

SENATE BILL NO. 87

91ST GENERAL ASSEMBLY


INTRODUCED BY SENATOR ROHRBACH.

Pre-filed December 1, 2000, and 1,000 copies ordered printed.



Read 2nd time January 16, 2001, and referred to the Committee on Civil and Criminal Jurisprudence.



Reported from the Committee February 5, 2001, with recommendation that the bill do pass and be placed on the Consent Calendar.



Taken up February 13, 2001. Read 3rd time and placed upon its final passage; bill passed.



TERRY L. SPIELER, Secretary.

0229S.01P


AN ACT

To repeal sections 632.483 and 632.486, RSMo 2000, relating to civil commitment of sexually violent predators, and to enact in lieu thereof two new sections relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Sections 632.483 and 632.486, RSMo 2000, are repealed and two new sections enacted in lieu thereof, to be known as sections 632.483 and 632.486, to read as follows:

632.483.  1.  When it appears that a person may meet the criteria of a sexually violent predator, the agency with jurisdiction shall give written notice of such to the attorney general and the multidisciplinary team established in subsection 4 of this section.  Written notice shall be given:

(1)  Within one hundred eighty days prior to the anticipated release from a correctional center of the department of corrections of a person who has been convicted of a sexually violent offense, except that in the case of persons who are returned to prison for no more than one hundred eighty days as a result of revocation of postrelease supervision, written notice shall be given as soon as practicable following the person's readmission to prison;

(2)  At any time prior to the release of a person who has been found not guilty by reason of mental disease or defect of a sexually violent offense; or

(3)  At any time prior to the release of a person who was committed as a criminal sexual psychopath pursuant to section 632.475 and statutes in effect before August 13, 1980.

2.  The agency with jurisdiction shall inform the attorney general and the multidisciplinary team established in subsection 4 of this section of the following:

(1)  The person's name, identifying factors, anticipated future residence and offense history; and

(2)  Documentation of institutional adjustment and any treatment received or refused, including the Missouri sexual offender program.

3.  The agency with jurisdiction, its employees, officials, members of the multidisciplinary team established in subsection 4 of this section, members of the prosecutor's review committee appointed as provided in subsection 5 of this section and individuals contracting or appointed to perform services hereunder shall be immune from liability for any conduct performed in good faith and without gross negligence pursuant to the provisions of sections 632.480 to 632.513.

4.  The director of the department of mental health and the director of the department of corrections shall establish a multidisciplinary team consisting of no more than seven members, at least one from the department of corrections and the department of mental health, and which may include individuals from other state agencies to review available records of each person referred to such team pursuant to subsection 1 of this section.  The team, within thirty days of receiving notice, shall assess whether or not the person meets the definition of a sexually violent predator.  The team shall notify the attorney general of its assessment.

5.  Effective January 1, 2000, the prosecutors coordinators training council established pursuant to section 56.760, RSMo, shall appoint a five-member prosecutor's review committee composed of a cross section of county prosecutors from urban and rural counties.  No more than three shall be from urban counties, and one member shall be the prosecuting attorney of the county in which the person was convicted or committed pursuant to chapter 552, RSMo.  The committee shall review the records of each person referred to the attorney general pursuant to subsection 1 of this section.  The prosecutor's review committee shall make a determination of whether or not the person meets the definition of a sexually violent predator.  The determination of the prosecutors' review committee or any member pursuant to this section or section 632.484 shall not be admissible evidence in any proceeding to prove whether or not the person is a sexually violent predator.  The assessment of the multidisciplinary team shall be made available to the attorney general and the prosecutor's review committee.

632.486.  When it appears that the person presently confined may be a sexually violent predator and the prosecutor's review committee appointed as provided in subsection 5 of section 632.483 has determined by a majority vote, that the person meets the definition of a sexually violent predator, the attorney general may file a petition, in the probate division of the circuit court in which the person was convicted, or committed pursuant to chapter 552, RSMo, within forty-five days of the date the attorney general received the written notice by the agency with jurisdiction as provided in subsection 1 of section 632.483, alleging that the person is a sexually violent predator and stating sufficient facts to support such allegation.  A copy of the assessment of the multidisciplinary team must be filed with the petition.





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