SB 952 - This act provides for the civil commitment of sexually violent predators. A sexually violent offense is: a) forcible rape, first degree statutory rape, forcible sodomy, first degree statutory sodomy, child molestation in the first or second degree, or deviant sexual assault; b) a federal or out-of- state offense comparable to a sexually violent offense in this state; c) murder in the first or second degree, assault in the first or second degree, first or second degree assault of a child, first or second degree kidnapping, or burglary in the first degree, if any of these acts has been determined beyond a reasonable doubt to have been sexually motivated; or d) an attempt, criminal solicitation or criminal conspiracy to commit any one of the felonies listed above.

A sexually violent predator is defined as any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality which makes the person likely to engage in predatory acts of sexual violence.

The Director of the Department of Mental Health or Department of Corrections shall refer the name of a sexually violent predator to the prosecutor of the county where was the person was charged three months before the person's anticipated release from confinement. The Department shall inform the prosecutor of the person's name, anticipated future residence, offense history, and institutional treatment. The Department, its officers and employees shall be immune from liability for any good-faith conduct in so reporting.

The prosecutor or Attorney General may file a petition alleging that the person is a violent sexual predator if the persons's confinement is about to expire. A judge shall determine if probable cause exists to believe that the person is a sexually violent predator, and, if so, shall direct that the person be taken into custody. The person shall be transferred to an appropriate facility for examination.

Within forty-five days after the filing of a petition, the court shall conduct a trial to determine beyond a reasonable doubt whether the person is a sexually violent predator. The person shall be entitled to representation, and counsel shall be appointed if the person is indigent. The person may also retain experts to perform an examination on his own behalf. Any party may demand a trial by jury.

If the court or jury determines the person is a sexually violent predator, the person shall be committed to the custody of the Department of Corrections in a secure facility for control, care and treatment until such time as the person's mental abnormality has changed so that he is not likely to commit such an offense in the future. If the court or jury is not convinced beyond a reasonable doubt that the person is a sexually violent predator, the person shall be released. If the person has been found incompetent to stand trial, or is about to or has been released pursuant to Section 552.020, RSMo, the court shall first hear evidence, determine whether the person committed the acts charged, and make a specific finding, including whether the person's incompetence affected the outcome of the hearing.

Each person committed shall have a yearly examination of his mental condition. The person shall have a right to retain a qualified expert or to have appointed for him. A periodic report shall be provided to the court. The person's commitment must conform to constitutional requirements for care and treatment.

If the Director of the Department of Mental Health determines that the person is not likely to engage in predatory acts if released, the Director shall authorize the person to petition the court for release. The petition shall be served upon the prosecuting attorney and the court. The court shall order a hearing within forty-five days after receipt of the petition. The prosecuting attorney shall have the right to conduct an examination of the person. The person shall not have the right to a trial by jury. The burden of proof is on the state to show beyond a reasonable doubt that the petitioner's mental abnormality remains so that the person is likely to commit a sexually violent offense if released.

The person may also petition the court for release without the Director's approval, which must be filed with a notice of waiver of rights and the annual report to the court. The court shall set a show cause hearing, at which the person has no right to be present but may be represented by counsel. If the court finds probable cause to believe the person is no longer likely to commit a sexually violent offense, a full hearing on the matter shall be ordered. The court shall deny a person's petition if the person had previously filed a petition for discharge without the Director's approval and the court determined that the petition was frivolous or denied the petition. The Department of Mental Health shall be responsible for all costs relating to the evaluation and treatment of person committed to its custody under this act, and may obtain reimbursement for these expenses.
JOAN GUMMELS