- Introduced -

SB 783 - This act allows civil commitment of sexual predators. The act defines a sexual offense as 1) forcible rape, statutory rape in the first degree, forcible sodomy, statutory sodomy in the first degree, child molestation in the first degree when classified as a B felony, or sexual abuse; 2) any federal our out-of-state conviction for a felony offense that would be an enumerated sexual offense in Missouri; murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, which at the time of trial has been determined beyond a reasonable doubt to have been sexually motivated; or an attempt or conspiracy to commit any of the enumerated sexual offenses. A sexual predator is a person who has been convicted or charged with a sexual offense and who suffers from a mental abnormality which makes the person likely to engage in sexual offenses in the future.

The agency with jurisdiction, which includes the Department of Mental Health or Department of Corrections, shall refer the name of a sexually violent predator to the Attorney General. Notice shall be provided one hundred and eighty days before the person's anticipated release from confinement, or at any time prior to release of a person who committed a sexual offense as a juvenile, a person found not guilty of a sexual offense by reason of insanity, or a person who was committed as a criminal sexual psychopath. The notice shall include the person's name, anticipated future residence, offense history, and institutional treatment. The agency and its employees shall be immune from liability for any good-faith conduct in so reporting.

The Directors of the Department of Mental Health and the Department of Corrections shall jointly establish a multidisciplinary team to review the person's records and assess, within thirty days of receiving notice, whether the person meets the definition of a sexual predator. The team shall notify the Attorney General of its assessment.

The Attorney General shall appoint a five-member prosecutor's review committee, composed of a cross-section of prosecutors from urban and rural counties. The team shall review the person's records and shall assist the Attorney General in the determination of whether the person meets the definition of a sexual predator. The committee must make such a determination by a majority vote.

The prosecutor or Attorney General may file a petition within seventy-five days after the receipt of the notice, alleging that the person is a sexual predator if such a determination has been made. The judge shall determine if probably cause exists to believe that the person is a sexual predator, and, if so, shall direct that the person be transferred to an appropriate facility for evaluation. 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 sexual 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. Either party may demand a trial by jury.

If the court or jury determines the person is a sexual predator, the person shall be committed to the custody of the Department of Mental Health 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. The Department of Mental Health may enter into an interagency agreement with the Department of Corrections for the confinement of such persons. If the court or jury is not convinced beyond a reasonable doubt that the person is a sexual predator, the person shall be released.

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 Attorney General and the court. The court shall order a hearing within forty-five days after receipt of the petition. The Attorney General 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 sexual 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 sexual 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. Prior to any release, the Director of the Department of Mental Health shall provide written notice to any victim of the person's activities, or if deceased, to the victim's family.

The prosecutor shall file a special allegation of sexual motivation within ten days after arraignment for any crime except sexual offenses as defined in Chapter 566, RSMo. The state shall be required to prove sexual motivation beyond a reasonable doubt, and the court or jury shall enter a special finding as to whether the offense was sexually motivated. The special allegation shall not be withdrawn without approval of the court.

JOAN GUMMELS