|SB 0351||Comprehensive crime bill|
|Last Action:||05/03/95 - Hearing Conducted H Civil & Criminal Law Committee|
|Title:||SCS/SB 351 & 425|
|Effective Date:||August 28, 1995|
SCS/SB 351 & 425 - This act pertains to sexual predators.
Commitment of Sexual Predators: The Director of the Department of Mental Health (DMH) or Department of Corrections (DOC), depending upon which department has jurisdiction, shall forward the names of those who may fit the description of a sexually violent predator or who refuses to participate in the Missouri Sexual Offenders Program (MOSOP) to the prosecuting attorney three months prior to their release from prison. A sexually violent predator is someone who has been convicted of a crime of sexual violence and who suffers from a mental abnormality or personality disorder that makes it likely that he will commit future crimes of sexual violence.
Once informed, the prosecuting attorney may file a petition with the circuit court where the person was convicted alleging that the person is a sexually violent predator. The judge shall determine whether probable cause exists to believe that the person is a sexually violent predator. If the judge finds there is probable cause, the person shall be transferred to an appropriate facility for a professional evaluation.
The court shall conduct a trial to determine if the person is a sexually violent predator. The person shall be entitled to counsel and to retain experts to examine him. Either side may request a jury trial. The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If the person is found to be a sexually violent predator, he shall be committed to DOC until the person's mental abnormality or personality disorder has changed so that he is no longer a threat to the community. While committed, he shall be required to participate in MOSOP. If he is not found to be a sexually violent predator, he shall be released.
Each person committed under these provisions shall be reexamined every year. Involuntary detention shall conform with constitutional requirements. If the Director of DMH determines that the person's abnormality or personality disorder has changed so that he no longer poses a threat, the Director will authorize the person to petition the court for release. The burden shall be on the prosecuting attorney to show beyond a reasonable doubt that the petitioner is not safe to be released. The person may also petition the court without the Director's authorization. If such a petition is frivolous, a subsequent petition shall not be allowed by the court unless the petition alleges facts that the petitioner's condition has actually changed.
At least twenty-five percent of all eligible sexual offenders shall participate in MOSOP at a given time. If an inmate refuses to participate, he shall not be eligible for early parole or probation.
Hazing: "Hazing" which creates a substantial risk to a student's or prospective member's life a Class C felony. Consent is not a defense to a charge of hazing.
See Truly Agreed To CCS/SS/SCS/HB 174.