SS#3/SB 547- This act changes sentences for certain sex offenders.

This act provides for a sentence of life with eligibility for parole for sex offenders who are found to be "predatory sex offenders" by the court. A person convicted of forcible rape, statutory rape, forcible sodomy, statutory sodomy, child molestation as a Class B felony or child abuse as a Class B felony is subject to this law. A person convicted of one of these crimes may be found to be a predatory sex offender in one of three ways: 1) the person has previously been convicted of one of the specified sex offenses; 2) has previously committed an act or acts which would constitute a violation of one of the specified offenses; or 3) is, after a presentence investigation and mental evaluation, found to have a propensity to commit future sex offenses.

PROCEDURE FOR MENTAL EVALUATION: The prosecuting attorney shall motion to the court to order a mental evaluation. If the court orders an evaluation, it shall appoint one or more psychiatrists to render an opinion as to whether the person is a predatory sexual offender. This determination is made on the basis of whether the individual has a congenital or acquired condition that makes him likely to commit a sexual offense again. Once a report of the evaluation is filed with the court, both the offender and the prosecuting attorney may request an order granting a subsequent evaluation by an evaluator of their own choosing. The court, on the basis of the presentence investigation and the mental evaluation, must determine beyond a reasonable doubt that the person is a predatory sexual offender to sentence him as such.

No statement made by a person in the course of an evaluation may be used against him to charge him with other crimes. Any statement may be admissible to determine whether the person is a predatory sexual offender, if the person is first advised of his right to remain silent and right to counsel. The evaluation report is not a public record.

Any person sentenced under this act shall serve, at a minimum, the amount of time in prison he would have served under other applicable laws.

SEX OFFENDER REGISTRATION: All sex offenders must indicate whether they successfully completed the Missouri Sexual Offender Program (MOSOP) when they register with local law enforcement. The county sheriff may, in accordance with rules promulgated by the Department of Public Safety, release information contained in a registration statement made by an offender found to be a predatory sexual offender.

This act is similar to HB 974.
JAMES KLAHR