632.505. Conditional release--interagency agreements for supervision, plan--court review of plan, order, conditions--copy of order--continuing control and care--modifications--violations--agreements w
Conditional release--interagency agreements for supervision,plan--court review of plan, order, conditions--copy oforder--continuing control andcare--modifications--violations--agreements with privateentities--fee, rulemaking authority--escape.
632.505. 1. Upon determination by a court or jury that the person'smental abnormality has so changed that the person is not likely to commitacts of sexual violence if released, the court shall place the person onconditional release pursuant to the terms of this section. The primarypurpose of conditional release is to provide outpatient treatment andmonitoring to prevent the person's condition from deteriorating to thedegree that the person would need to be returned to a secure facilitydesignated by the director of the department of mental health.
2. The department of mental health is authorized to enter into aninteragency agreement with the department of corrections for thesupervision of persons granted a conditional release by the court. Inconjunction with the department of corrections, the department of mentalhealth shall develop a conditional release plan which contains appropriateconditions for the person to be released. The plan shall address theperson's need for supervision, counseling, medication, community supportservices, residential services, vocational services, and alcohol and drugtreatment. The department of mental health shall submit the proposed planfor conditional release to the court.
3. The court shall review the plan and determine the conditions thatit deems necessary to meet the person's need for treatment and supervisionand to protect the safety of the public. The court shall order that theperson shall be subject to the following conditions and other conditions asdeemed necessary:
(1) Maintain a residence approved by the department of mental healthand not change residence unless approved by the department of mentalhealth;
(2) Maintain employment unless engaged in other structured activityapproved by the department of mental health;
(3) Obey all federal and state laws;
(4) Not possess a firearm or dangerous weapon;
(5) Not be employed or voluntarily participate in an activity thatinvolves contact with children without approval of the department of mentalhealth;
(6) Not consume alcohol or use a controlled substance except asprescribed by a treating physician and to submit, upon request, to anyprocedure designed to test for alcohol or controlled substance use;
(7) Not associate with any person who has been convicted of a felonyunless approved by the department of mental health;
(8) Not leave the state without permission of the department ofmental health;
(9) Not have contact with specific persons, including but not limitedto, the victim or victim's family, as directed by the department of mentalhealth;
(10) Not have any contact with any child without specific approval bythe department of mental health;
(11) Not possess material that is pornographic, sexually oriented, orsexually stimulating;
(12) Not enter a business providing sexually stimulating or sexuallyoriented entertainment;
(13) Submit to a polygraph, plethysmograph, or other electronic orbehavioral monitoring or assessment;
(14) Submit to electronic monitoring which may be based on a globalpositioning system or other technology which identifies and records aperson's location at all times;
(15) Attend and fully participate in assessment and treatment asdirected by the department of mental health;
(16) Take all psychiatric medications as prescribed by a treatingphysician;
(17) Authorize the department of mental health to access and obtaincopies of confidential records pertaining to evaluation, counseling,treatment, and other such records and provide the consent necessary for therelease of any such records;
(18) Pay fees to the department of mental health and the departmentof corrections to cover the costs of services and monitoring;
(19) Report to or appear in person as directed by the department ofmental health and the department of corrections, and to follow alldirectives of such departments;
(20) Comply with any registration requirements under sections 589.400to 589.425, RSMo; and
(21) Comply with any other conditions that the court determines to bein the best interest of the person and society.
4. The court shall provide a copy of the order containing theconditions of release to the person, the attorney general, the departmentof mental health, the head of the facility housing the person, and thedepartment of corrections.
5. A person who is conditionally released and supervised by aprobation and parole officer employed by the department of correctionsremains under the control, care, and treatment of the department of mentalhealth.
6. The court may modify conditions of release upon its own motion orupon the petition of the department of mental health, the department ofcorrections, or the person on conditional release.
7. The following provisions shall apply to violations of conditionalrelease:
(1) If any probation and parole officer has reasonable cause tobelieve that a person on conditional release has violated a condition ofrelease or that the person is no longer a proper subject for conditionalrelease, the officer may issue a warrant for the person's arrest. Thewarrant shall contain a brief recitation of the facts supporting theofficer's belief. The warrant shall direct any peace officer to take theperson into custody immediately so that the person can be returned to asecure facility;
(2) If the director of the department of mental health or thedirector's designee has reasonable cause to believe that a person onconditional release has violated a condition of release or that the personis no longer a proper subject for conditional release, the director or thedirector's designee may request that a peace officer take the person intocustody immediately, or request that a probation and parole officer or thecourt which ordered the release issue a warrant for the person's arrest sothat the person can be returned to a secure facility;
(3) At any time during the period of a conditional release, the courtwhich ordered the release may issue a notice to the released person toappear to answer a charge of a violation of the terms of the release andthe court may issue a warrant of arrest for the violation. Such noticeshall be personally served upon the released person. The warrant shallauthorize the return of the released person to the custody of the court orto the custody of the director of mental health or the director's designee;
(4) No peace officer responsible for apprehending and returning theperson to the facility upon the request of the director of the departmentof mental health or the director's designee or a probation and paroleofficer shall be civilly liable for apprehending or transporting suchperson to the facility so long as such duties were performed in good faithand without negligence;
(5) The department of mental health shall promptly notify the courtthat the person has been apprehended and returned to a secure facility;
(6) Within seven days of the person's return to a secure facility,the department of mental health must either request that the attorneygeneral file a petition to revoke the person's conditional release orcontinue the person on conditional release;
(7) If a petition to revoke conditional release is filed, the personshall remain in custody until a hearing is held on the petition. Thehearing shall be given priority on the court's docket. If upon hearing theevidence, the court finds by preponderance of the evidence that the personhas violated a condition of release and that the violation of the conditionwas sufficient to render the person no longer suitable for conditionalrelease, the court shall revoke the conditional release and order theperson returned to a secure facility designated by the director of thedepartment of mental health. If the court determines that revocation isnot required, the court may modify or increase the conditions of release ororder the person's release on the existing conditions of release;
(8) A person whose conditional release has been revoked may petitionthe court for subsequent release pursuant to sections 632.498, 632.501, and632.504 no sooner than six months after the person's return to a securefacility.
8. The department of mental health may enter into agreements with thedepartment of corrections and other departments and may enter intocontracts with private entities for the purpose of supervising a person onconditional release.
9. The department of mental health and the department of correctionsmay require a person on conditional release to pay a reasonable fee tocover the costs of providing services and monitoring while the person isreleased. Each department may adopt rules with respect to establishing,waiving, collecting, and using fees. Any rule or portion of a rule, asthat term is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies with and is subject to all of the provisions of chapter 536, RSMo,and, if applicable, section 536.028, RSMo. This section and chapter 536,RSMo, are nonseverable and if any of the powers vested with the generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2006, shall be invalid and void.
10. In the event a person on conditional release escapes fromcustody, the department of mental health shall notify the court, thedepartment of corrections, the attorney general, the chief law enforcementofficer of the county or city not within a county from where the personescaped or absconded, and any other persons necessary to protect the safetyof the public or to assist in the apprehension of the person. The attorneygeneral shall notify victims and witnesses. Upon receiving such notice,the attorney general shall file escape from commitment charges undersection 575.195, RSMo.
(L. 2006 H.B. 1698, et al.)Effective 6-05-06