632.483. Notice to attorney general, when--contents of notice--immunity from liability, when--multidisciplinary team established--prosecutors' review committee established.
Notice to attorney general, when--contents of notice--immunity fromliability, when--multidisciplinary team established--prosecutors'review committee established.
632.483. 1. When it appears that a person may meet the criteria of asexually violent predator, the agency with jurisdiction shall give writtennotice of such to the attorney general and the multidisciplinary teamestablished in subsection 4 of this section. Written notice shall begiven:
(1) Within three hundred sixty days prior to the anticipated releasefrom a correctional center of the department of corrections of a person whohas been convicted of a sexually violent offense, except that in the caseof persons who are returned to prison for no more than one hundred eightydays as a result of revocation of postrelease supervision, written noticeshall be given as soon as practicable following the person's readmission toprison;
(2) At any time prior to the release of a person who has been foundnot guilty by reason of mental disease or defect of a sexually violentoffense; or
(3) At any time prior to the release of a person who was committed asa criminal sexual psychopath pursuant to section 632.475 and statutes ineffect before August 13, 1980.
2. The agency with jurisdiction shall provide the attorney generaland the multidisciplinary team established in subsection 4 of this sectionwith the following:
(1) The person's name, identifying factors, anticipated futureresidence and offense history;
(2) Documentation of institutional adjustment and any treatmentreceived or refused, including the Missouri sexual offender program; and
(3) A determination by either a psychiatrist or a psychologist asdefined in section 632.005 as to whether the person meets the definition ofa sexually violent predator.
3. The agency with jurisdiction, its employees, officials, members ofthe multidisciplinary team established in subsection 4 of this section,members of the prosecutor's review committee appointed as provided insubsection 5 of this section and individuals contracting or appointed toperform services hereunder shall be immune from liability for any conductperformed in good faith and without gross negligence pursuant to theprovisions of sections 632.480 to 632.513.
4. The director of the department of mental health and the directorof the department of corrections shall establish a multidisciplinary teamconsisting of no more than seven members, at least one from the departmentof corrections and the department of mental health, and which may includeindividuals from other state agencies to review available records of eachperson referred to such team pursuant to subsection 1 of this section. Theteam, within thirty days of receiving notice, shall assess whether or notthe person meets the definition of a sexually violent predator. The teamshall notify the attorney general of its assessment.
5. The prosecutors coordinators training council established pursuantto section 56.760, RSMo, shall appoint a five-member prosecutors' reviewcommittee composed of a cross section of county prosecutors from urban andrural counties.No more than three shall be from urban counties, and one member shall bethe prosecuting attorney of the county in which the person was convicted orcommitted pursuant to chapter 552, RSMo. The committee shall review therecords of each person referred to the attorney general pursuant tosubsection 1 of this section. The prosecutors' review committee shall makea determination of whether or not the person meets the definition of asexually violent predator. The determination of the prosecutors' reviewcommittee or any member pursuant to this section or section 632.484 shallnot be admissible evidence in any proceeding to prove whether or not theperson is a sexually violent predator. The assessment of themultidisciplinary team shall be made available to the attorney general andthe prosecutors' review committee.
(L. 1998 H.B. 1405, et al. § 2, A.L. 1999 H.B. 852, A.L. 2001 S.B. 87 merged with S.B. 267, A.L. 2002 S.B. 969, et al.)