|SB 0425||Commitment proceeding for sexual offenders|
|Last Action:||03/06/95 - Bill Combined w/SCS/SB 351 & 425|
|Title:||SCS/SB 351 & 425|
|Effective Date:||August 28, 1995|
SB 425 - This act pertains to sexually violent 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 are eligible for but have refused to participate in a treatment program for sexual offenders 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 and/or refused to participate in a treatment program. 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 has changed so that he is no longer a threat to the community. During this commitment, the person will participate in a treatment program for sexual offenders. 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 DOC 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.
Sexual Offender Program:
The Missouri Sexual Offender Program (MOSOP) shall serve at least
twenty-five percent of sexual offenders in custody at any one
time. If a person refuses to participate in such a program, he
shall serve his full sentence.