632.484. Detention and evaluation of persons alleged to be sexually violent predators--duties of attorney general and department of mental health.
Detention and evaluation of persons alleged to be sexually violentpredators--duties of attorney general and department of mentalhealth.
632.484. 1. When the attorney general receives written notice fromany law enforcement agency that a person, who has pled guilty to or beenconvicted of a sexually violent offense and who is not presently in thephysical custody of an agency with jurisdiction has committed a recentovert act, the attorney general may file a petition for detention andevaluation with the probate division of the court in which the person wasconvicted, or committed pursuant to chapter 552, RSMo, alleging therespondent may meet the definition of a sexually violent predator andshould be detained for evaluation for a period of up to nine days. Thewritten notice shall include the previous conviction record of the person,a description of the recent overt act, if applicable, and any otherevidence which tends to show the person to be a sexually violent predator.The attorney general shall provide notice of the petition to theprosecuting attorney of the county where the petition was filed.
2. Upon a determination by the court that the person may meet thedefinition of a sexually violent predator, the court shall order thedetention and transport of such person to a secure facility to bedetermined by the department of mental health. The attorney general shallimmediately give written notice of such to the department of mental health.
3. Upon receiving physical custody of the person and written noticepursuant to subsection 2 of this section, the department of mental healthshall, through either a psychiatrist or psychologist as defined in section632.005, make a determination whether or not the person meets thedefinition of a sexually violent predator. The department of mental healthshall, within seven days of receiving physical custody of the person,provide the attorney general with a written report of the results of itsinvestigation and evaluation. The attorney general shall provide anyavailable records of the person that are retained by the department ofcorrections to the department of mental health for the purposes of thissection. If the department of mental health is unable to make adetermination within seven days, the attorney general may request anadditional detention of ninety-six hours from the court for good causeshown.
4. If the department determines that the person may meet thedefinition of a sexually violent predator, the attorney general shallprovide the results of the investigation and evaluation to the prosecutors'review committee. The prosecutors' review committee shall, by majorityvote, determine whether or not the person meets the definition of asexually violent predator within twenty-four hours of written notice fromthe attorney general's office. If the prosecutors' review committeedetermines that the person meets the definition of a sexually violentpredator, the prosecutors' review committee shall provide written notice tothe attorney general of its determination. The attorney general may file apetition pursuant to section 632.486 within forty-eight hours afterobtaining the results from the department.
5. For the purposes of this section "recent overt act" means any actthat creates a reasonable apprehension of harm of a sexually violentnature.
(L. 1999 H.B. 852, A.L. 2006 H.B. 1698, et al., A.L. 2007 S.B. 613 Revision)