Missouri Statute | Act | Code |Additional Executive Departments| US Code - US Statute | Chapter 632 Comprehensive Psychiatric Services

As used in chapter 631, RSMo, and this chapter, unless the
context clearly requires otherwise, the following terms shall mean:

(1) "Comprehensive psychiatric services", any one, or any combination of
two or more, of the following services to persons affected by mental
disorders other than mental retardation or developmental disabilities:
inpatient, outpatient, day program or other partial hospitalization,
emergency, diagnostic, treatment, liaison, follow-up, consultation,
education, rehabilitation, prevention, screening, transitional living,
medical prevention and treatment for alcohol abuse, and medical
prevention and treatment for drug abuse;

(2) "Council", the Missouri advisory council for comprehensive
psychiatric services;

(3) "Court", the court which has jurisdiction over the respondent or
patient;

(4) "Division", the division of comprehensive psychiatric services of the
department of mental health;

(5) "Division director", director of the division of comprehensive
psychiatric services of the department of mental health, or his designee;

(6) "Head of mental health facility", superintendent or other chief
administrative officer of a mental health facility, or his designee;

(7) "Judicial day", any Monday, Tuesday, Wednesday, Thursday or Friday
when the court is open for business, but excluding Saturdays, Sundays and
legal holidays;

(8) "Licensed physician", a physician licensed pursuant to the provisions
of chapter 334, RSMo, or a person authorized to practice medicine in this
state pursuant to the provisions of section 334.150, RSMo;

(9) "Likelihood of serious harm" means any one or more of the following
but does not require actual physical injury to have occurred:

(a) A substantial risk that serious physical harm will be inflicted by a
person upon his own person, as evidenced by recent threats, including
verbal threats, or attempts to commit suicide or inflict physical harm on
himself. Evidence of substantial risk may also include information about
patterns of behavior that historically have resulted in serious harm
previously being inflicted by a person upon himself;

(b) A substantial risk that serious physical harm to a person will result
or is occurring because of an impairment in his capacity to make
decisions with respect to his hospitalization and need for treatment as
evidenced by his current mental disorder or mental illness which results
in an inability to provide for his own basic necessities of food,
clothing, shelter, safety or medical care or his inability to provide for
his own mental health care which may result in a substantial risk of
serious physical harm. Evidence of that substantial risk may also include
information about patterns of behavior that historically have resulted in
serious harm to the person previously taking place because of a mental
disorder or mental illness which resulted in his inability to provide for
his basic necessities of food, clothing, shelter, safety or medical or
mental health care; or

(c) A substantial risk that serious physical harm will be inflicted by a
person upon another as evidenced by recent overt acts, behavior or
threats, including verbal threats, which have caused such harm or which
would place a reasonable person in reasonable fear of sustaining such
harm. Evidence of that substantial risk may also include information
about patterns of behavior that historically have resulted in physical
harm previously being inflicted by a person upon another person;

(10) "Mental health coordinator", a mental health professional employed
by the state of Missouri who has knowledge of the laws relating to
hospital admissions and civil commitment and who is appointed by the
director of the department, or his designee, to serve a designated
geographic area or mental health facility and who has the powers, duties
and responsibilities provided in this chapter;

(11) "Mental health facility", any residential facility, public or
private, or any public or private hospital, which can provide evaluation,
treatment and, inpatient care to persons suffering from a mental disorder
or mental illness and which is recognized as such by the department or
any outpatient treatment program certified by the department of mental
health. No correctional institution or facility, jail, regional center or
mental retardation facility shall be a mental health facility within the
meaning of this chapter;

(12) "Mental health professional", a psychiatrist, resident in
psychiatry, psychologist, psychiatric nurse or psychiatric social worker;

(13) "Mental health program", any public or private residential facility,
public or private hospital, public or private specialized service or
public or private day program that can provide care, treatment,
rehabilitation or services, either through its own staff or through
contracted providers, in an inpatient or outpatient setting to persons
with a mental disorder or mental illness or with a diagnosis of alcohol
abuse or drug abuse which is recognized as such by the department. No
correctional institution or facility or jail may be a mental health
program within the meaning of this chapter;

(14) "Ninety-six hours" shall be construed and computed to exclude
Saturdays, Sundays and legal holidays which are observed either by the
court or by the mental health facility where the respondent is detained;

(15) "Peace officer", a sheriff, deputy sheriff, county or municipal
police officer or highway patrolman;

(16) "Psychiatric nurse", a registered professional nurse who is licensed
under chapter 335, RSMo, and who has had at least two years of experience
as a registered professional nurse in providing psychiatric nursing
treatment to individuals suffering from mental disorders;

(17) "Psychiatric social worker", a person with a master's or further
advanced degree from an accredited school of social work, practicing
pursuant to chapter 337, RSMo, and with a minimum of one year training or
experience in providing psychiatric care, treatment or services in a
psychiatric setting to individuals suffering from a mental disorder;

(18) "Psychiatrist", a licensed physician who in addition has
successfully completed a training program in psychiatry approved by the
American Medical Association, the American Osteopathic Association or
other training program certified as equivalent by the department;

(19) "Psychologist", a person licensed to practice psychology under
chapter 337, RSMo, with a minimum of one year training or experience in
providing treatment or services to mentally disordered or mentally ill
individuals;

(20) "Resident in psychiatry", a licensed physician who is in a training
program in psychiatry approved by the American Medical Association, the
American Osteopathic Association or other training program certified as
equivalent by the department;

(21) "Respondent", an individual against whom involuntary civil detention
proceedings are instituted pursuant to this chapter;

(22) "Treatment", any effort to accomplish a significant change in the
mental or emotional conditions or the behavior of the patient consistent
with generally recognized principles or standards in the mental health
professions. (L. 1980 H.B. 1724, A.L. 1985 S.B. 265, A.L. 1988 H.B. 971,
A.L. 1996 S.B. 884 & 841)

CROSS REFERENCE: Definitions also applicable, RSMo 630.005

1. The "Division of Comprehensive Psychiatric Services" is
hereby created within the department of mental health. The division shall
have the responsibility of insuring that division prevention, evaluation,
treatment and rehabilitation services are accessible, wherever possible.
The division shall have and exercise supervision of division residential
facilities, day programs and other specialized services operated by the
department and oversight over facilities, programs and services funded or
licensed by the department.

2. The powers, functions and duties of the division shall include the
following:

(1) Provision of funds for the planning and implementation of accessible
programs to prevent and alleviate mental disorders and mental illness;

(2) Review of comprehensive psychiatric service plans submitted to
receive state and federal funds allocated by the department;

(3) Provision of technical assistance and training to community-based
programs to assist in planning and implementing quality services;

(4) Assurance of program quality in compliance with such appropriate
standards as may be established by the department;

(5) Sponsorship and encouragement of research into the causes, effects,
prevention, treatment and rehabilitation of mental disorders and mental
illness;

(6) Provision of public information relating to mental disorders and
mental illness;

(7) Cooperation with nonstate governmental agencies and the private
sector in establishing, conducting, integrating and coordinating
facilities, programs, projects and services for persons affected by
mental disorders or mental illness;

(8) Participation in developing and implementing a statewide plan to
prevent and alleviate mental disorders and mental illness and to overcome
the barriers to the treatment and rehabilitation of persons chronically
affected by mental disorders or mental illness;

(9) Encouragement of coordination of division services with other
divisions of the department and other state agencies, where appropriate;

(10) Encouragement of the utilization, support, assistance and dedication
of volunteers to participate in the treatment and rehabilitation of
persons affected by mental disorders or mental illness or to persuade
such persons to voluntarily seek appropriate services to alleviate their
disorders or illness;

(11) Evaluation, or the requirement of the evaluation, including the
collection of appropriate and necessary information, of division programs
to determine their cost-and-benefit effectiveness;

(12) Participation in developing standards for residential facilities,
day programs and specialized services operated, funded or licensed by the
department for persons affected by mental disorders or mental illness.
(L. 1980 H.B. 1724)

The division director, subject to the supervision of the
director, shall be the chief administrative officer of his division and
shall exercise for the division the powers and duties of an appointing
authority under chapter 36, RSMo, to employ such administrative,
technical and other personnel, except employees of department facilities,
as may be necessary for the performance of the powers and duties of the
division. (L. 1980 H.B. 1724)

1. The Missouri advisory council for comprehensive psychiatric
services, created by executive order of the governor on June 10, 1977,
shall act as an advisory body to the division and the division director.
The council shall be comprised of up to twenty-five members, the number
to be determined under the council bylaws.

2. The members of the council shall be appointed by the director. Members
shall serve for overlapping terms of three years each. The members of the
existing council appointed under the provisions of the executive order
shall serve the remainder of their appointed terms. At the expiration of
the term of each such member, the director shall appoint an individual
who shall hold office for a term of three years. Each member shall hold
office until a successor has been appointed. Members shall have
professional, research or personal interest in the prevention,
evaluation, care, treatment and rehabilitation of persons affected by
mental disorders and mental illness. The council shall include
representatives from the following:

(1) Nongovernment organization or groups and state agencies concerned
with the planning, operation or use of comprehensive psychiatric services;

(2) Representatives of consumers and providers of comprehensive
psychiatric services who are familiar with the need for such services. At
least one-half of the members shall be consumers. No more than one-fourth
of the members shall be vendors or members of boards of directors,
employees or officers of vendors, or any of their spouses, if such
vendors receive more than fifteen hundred dollars under contract with the
department; except that members of boards of directors of not-for-profit
corporations shall not be considered members of board of directors of
vendors under this subsection.

3. A vacancy occurring on the council shall be filled by appointment of
the director.

4. Meetings shall be held at least every ninety days at the call of the
division director or the council chairman, who shall be elected by the
council.

5. Each member shall be reimbursed for reasonable and necessary expenses,
including travel expenses pursuant to the travel regulations for
employees of the department, actually incurred in the performance of his
official duties.

6. The council may be divided into subcouncils in accordance with its
bylaws. The council shall study, plan and make recommendations on the
prevention, evaluation, care, treatment, rehabilitation, housing and
facilities for persons affected by mental disorders and mental illness.

7. No member of a state advisory council may participate in or seek to
influence a decision or vote of the council if the member would be
directly involved with the matter or if he would derive income from it. A
violation of the prohibition contained herein shall be grounds for a
person to be removed as a member of the council by the director.

8. The council shall collaborate with the department in developing and
administering a state plan for comprehensive psychiatric services. The
council shall be advisory and shall:

(1) Promote meetings and programs for the discussion of reducing the
debilitating effects of mental disorders and mental illness and
disseminate information in cooperation with any other department, agency
or entity on the prevention, evaluation, care, treatment and
rehabilitation for persons affected by mental disorders or mental illness;

(2) Study and review current prevention, evaluation, care, treatment and
rehabilitation technologies and recommend appropriate preparation,
training, retraining and distribution of manpower and resources in the
provision of services to persons affected by mental disorders or mental
illness through private and public residential facilities, day programs
and other specialized services;

(3) Recommend what specific methods, means and procedures should be
adopted to improve and upgrade the department comprehensive psychiatric
service delivery system for citizens of this state;

(4) Participate in developing and disseminating criteria and standards to
qualify comprehensive psychiatric service residential facilities, day
programs and other specialized services in this state for funding or
licensing, or both, by the department. (L. 1980 H.B. 1724)

The division may provide prevention, evaluation, care,
treatment, rehabilitation and such related services directly or through
performance contracts with appropriate residential facilities, day
programs or specialized services licensed and funded by the department.
(L. 1980 H.B. 1724)

1. The department shall prepare a state plan to secure
coordinated prevention, evaluation, care, treatment and rehabilitation
services accessible to persons in need of them in defined geographic
areas, which plan shall be reviewed and revised annually.

2. The state plan shall include, but need not be limited to, the
following:

(1) A needs-assessment of the state to determine underserved, unserved
and inappropriately served populations and areas;

(2) Statements of short-term and long-term goals for meeting the needs of
the currently served, unserved, underserved or inappropriately served
populations and areas of the state;

(3) An inventory of existing private or community-based public
residential facilities, clinics, day programs and other specialized
service providers offering mental disorder or mental illness services;

(4) Evaluations of the effects of prevention, evaluation, care, treatment
and rehabilitation programs;

(5) Descriptions of the following:

(a) Methods for assuring active, consumer-oriented citizen participation
throughout the system;

(b) Strategies and procedures for encouraging, coordinating and
integrating community-based services wherever practicable to avoid
duplication by private, not-for-profit and public state and
community-based providers of services;

(c) Methods for monitoring the quality of prevention, evaluation, care,
treatment and rehabilitation services funded by the state;

(d) Rules which set standards for construction, staffing, operations and
programs, as appropriate, for any public or private entity to meet before
receiving state licensing, certification or funding; and

(e) Plans for addressing the particular mental disorder and mental
illness service needs of each region, including special strategies for
rural and urban unserved, underserved or inappropriately served
populations and areas of the state.

3. In preparing the state plan, the department shall take into
consideration its regional plans. (L. 1980 H.B. 1724)

The department director shall divide the state into regions. The
boundaries of such regions shall, to the extent practicable, be
contiguous with relevant boundaries of political subdivisions and health
service areas. (L. 1980 H.B. 1724)

1. The director may establish regional councils in any of the
regions. If a regional council is established in a region, the division
director shall appoint up to twenty members who reside in the region to
serve staggered three-year terms on the councils.

2. At least one-half of the members shall be consumers and no more than
one-fourth of the members shall be vendors, or employees, members of
boards of directors or officers of vendors, or their spouses, if such
vendors receive more than fifteen hundred dollars under contract with the
department; except that members of boards of directors of not-for-profit
corporations shall not be subject to the one-fourth limitation on the
membership under this subsection.

3. No member of a regional advisory council may participate in or seek to
influence a decision or vote of the council if the member would be
directly involved with the matter or if he would derive income from it. A
violation of the prohibition contained herein shall be grounds for a
person to be removed as a member of the council by the director. (L. 1980
H.B. 1724)

1. Any regional advisory councils established under section
632.040 shall participate in the preparation of regional plans and
annually review, advise on and recommend them before they are transmitted
to the state advisory council and the division director. The plans shall
include at least the following:

(1) An inventory of existing private or community-based public
residential facilities, clinics, day programs and other specialized
service providers offering mental disorder or mental illness services;

(2) An assessment of needs, including any special target populations, of
unserved, underserved or inappropriately served persons;

(3) A statement of specific goals for the region.

*2. Any staff of such regional advisory councils shall be provided only
from funds appropriated specifically for that purpose. This subsection
shall become effective July 1, 1981. (L. 1980 H.B. 1724)

*Effective 7-1-81 (subsection 2 only)

The division shall identify community-based services in each
geographic area as entry and exit points into and from the state mental
health delivery system offering a continuum of comprehensive mental
health services. (L. 1980 H.B. 1724)

The division shall provide or arrange for the provision of
services in the least restrictive environment to mentally disordered and
mentally ill persons based upon their diagnoses and individualized
treatment plans on a continuum of services. (L. 1980 H.B. 1724)

The department may establish clinics for the evaluation, care,
treatment or rehabilitation, on an outpatient basis, of persons affected
by mental disorders or mental illness. The department shall cooperate
with political subdivisions, schools and other organizations in the
geographic area where it locates its clinic to establish and further
programs of education and training for the prevention of mental disorders
and mental illness. (L. 1980 H.B. 1724)

The division of family services of the department of social
services through its county family service offices shall cooperate with
the facilities, programs and services operated or funded by the
department in locating, referring and interviewing any persons who are in
need of comprehensive psychiatric services. The parents or legal
custodians of any minors shall consent to the treatment of the minors,
and they shall be advised that they have the right to consult their
regular physicians before giving their consent to any treatment. (L. 1980
H.B. 1724)

1. The head of a private mental health facility may, and the
head of a department mental health facility shall, except in the case of
a medical emergency and subject to the availability of suitable programs
and accommodations, accept for evaluation, on an outpatient basis if
practicable, any person eighteen years of age or over who applies for his
admission. The department may require that a community-based service
where the person resides perform the evaluation pursuant to an
affiliation agreement and contract with the department.

2. If a person is diagnosed as having a mental disorder, other than
mental retardation or developmental disability without another
accompanying mental disorder, and is determined to be in need of
inpatient treatment, the person may be admitted by a private mental
health facility and shall be admitted by a department mental health
facility, if suitable accommodations are available, for care and
treatment as an inpatient for such periods and under such conditions as
authorized by law. The department may require that a community-based
service where the patient resides admit the person for inpatient care and
treatment pursuant to an affiliation agreement and contract with the
department.

3. A person who is admitted under this section is a voluntary patient and
shall have the right to consent to evaluation, care, treatment and
rehabilitation and shall not be medicated without his prior voluntary and
informed consent; except that medication may be given in emergency
situations. (L. 1980 H.B. 1724)

1. The head of a private mental health facility may, and the
head of a department mental health facility shall, except in the case of
a medical emergency and subject to the availability of suitable programs
and accommodations, accept for evaluation, on an outpatient basis if
practicable, any minor for whom an application for voluntary admission is
made by his parent or other legal custodian. The department may require
that a community-based service where the minor resides perform the
evaluation pursuant to an affiliation agreement or contract with the
department.

2. If the minor is diagnosed as having a mental disorder, other than
mental retardation or developmental disability without another
accompanying mental disorder, and found suitable for inpatient treatment
as a result of the evaluation, the minor may be admitted by a private
mental health facility or shall be admitted by a department mental health
facility, if suitable accommodations are available, for care, treatment
and rehabilitation as an inpatient for such periods and under such
conditions as authorized by law. The department may require that a
community-based service where the patient resides admit the person for
inpatient care, treatment and rehabilitation pursuant to an affiliation
agreement and contract with the department.

3. The parent or legal custodian who applied for the admission of the
minor shall have the right to authorize his evaluation, care, treatment
and rehabilitation and the right to refuse permission to medicate the
minor; except that medication may be given in emergency situations.

4. The parent or legal custodian may request a peace officer to take a
minor into custody and transport him to the mental health facility for
evaluation if the parent or legal custodian applies for such evaluation
under subsection 1 of this section. (L. 1980 H.B. 1724)

The head of a private mental health facility may, and the head
of a public mental health facility shall, except in the case of medical
emergency and subject to the availability of suitable programs and
accommodations, admit any minor who has symptoms of mental disorder other
than mental retardation or developmental disability, who is under the
jurisdiction of a juvenile court and who is committed to a facility not
operated by the state of Missouri under section 211.181, RSMo, or to the
custody of the director pursuant to sections 211.201 to 211.207, RSMo,
for assignment by the director to an appropriate facility. (L. 1980 H.B.
1724)

1. The head of a private mental health facility may, and the
head of a department facility shall, except in the case of a medical
emergency and subject to the availability of suitable programs and
accommodations, accept for evaluation and treatment, on an outpatient
basis if practicable, any person who has been declared incapacitated by a
court of competent jurisdiction and for whom an application for voluntary
admission is made by his guardian. The department may require that a
community-based service where the person resides perform the evaluation
pursuant to an affiliation agreement and contract with the department.

2. If the person is diagnosed as having a mental disorder, other than
mental retardation or developmental disability without another
accompanying mental disorder, and the person is found suitable for
inpatient treatment as a result of the evaluation, the person may be
admitted by a private mental health facility or shall be admitted by a
public mental health facility, if suitable accommodations are available,
for care, treatment and rehabilitation as an inpatient for up to thirty
days after admission for evaluation and treatment.

3. If further inpatient services are recommended, the person may remain
in the facility only if his guardian is authorized by the court to
continue the inpatient hospitalization. The court may authorize the
guardian to consent to evaluation, care, treatment, including medication,
and rehabilitation on an inpatient basis. (L. 1980 H.B. 1724, A.L. 1985
S.B. 35, et al.)

1. A voluntary patient who has applied for his own admission may
request his release either orally or in writing to the head of the mental
health facility and shall be released immediately; except, that if the
head of the facility determines that he is mentally disordered and, as a
result, presents a likelihood of serious physical harm to himself or
others, the head of the facility may refuse the request for release.

2. If the request for release is refused, the mental health facility may
detain the person only if a mental health coordinator, a licensed
physician, a registered professional nurse designated by the facility and
approved by the department, a mental health professional or a peace
officer completes an application for detention for evaluation and
treatment to begin the involuntary detention of the patient under this
chapter. (L. 1980 H.B. 1724)

1. A voluntary patient who is a minor and who requests his
release either orally or in writing, or whose release is requested in
writing to the head of the facility by his parent, spouse, adult next of
kin, or person entitled to his custody, shall be released immediately;
except, that if the patient was admitted on the application of another
person, his release shall be conditioned upon receiving the consent of
the person applying for his admission.

2. If the head of the mental health facility determines that the minor is
mentally disordered and, as a result, presents a likelihood of serious
physical harm to himself or others, the head of the facility may refuse
the release. The mental health facility may detain the minor only if a
mental health coordinator, a licensed physician, a mental health
professional or a registered professional nurse designated by the
facility and approved by the department completes an application for
detention for evaluation and treatment to begin the involuntary detention
of the minor under this chapter or, if appropriate, the minor is detained
in the facility under the provisions of chapter 211, RSMo. (L. 1980 H.B.
1724)

1. At least once every one hundred eighty days, the head of each
mental health facility shall cause the condition of each patient to be
reviewed for the purpose of determining whether the patient needs further
hospitalization or should be released. If, as a result of such review, it
is determined that inpatient care, treatment and rehabilitation are no
longer appropriate, the head of the facility shall discharge, or initiate
proceedings to discharge, the patient. If a patient meets the criteria
for placement, the head of the facility shall refer him for placement.

2. In making the review required by this section, the head of the
facility shall satisfy himself that the patient is receiving care,
treatment or rehabilitation in the least restrictive environment
available.

3. If the patient has a guardian, copies of this review and the person's
individualized treatment plan shall be sent to the guardian and the
court. (L. 1980 H.B. 1724)

1. When a mental health coordinator receives information
alleging that a person, as the result of a mental disorder, presents a
likelihood of serious harm to himself or others, he shall:

(1) Conduct an investigation;

(2) Evaluate the allegations and the data developed by investigation; and

(3) Evaluate the reliability and credibility of all sources of
information.

2. If, as the result of personal observation or investigation, the mental
health coordinator has reasonable cause to believe that such person is
mentally disordered and, as a result, presents a likelihood of serious
harm to himself or others, the mental health coordinator may file an
application with the court having probate jurisdiction pursuant to the
provisions of section 632.305; provided, however, that should the mental
health coordinator have reasonable cause to believe, as the result of
personal observation or investigation, that the likelihood of serious
harm by such person to himself or others as a result of a mental disorder
is imminent unless the person is immediately taken into custody, the
mental health coordinator shall request a peace officer to take or cause
such person to be taken into custody and transported to a mental health
facility in accordance with the provisions of subsection 3 of section
632.305.

3. If the mental health coordinator determines that involuntary
commitment is not appropriate, he should inform either the person, his
family or friends about those public and private agencies and courts
which might be of assistance. (L. 1980 H.B. 1724, A.L. 1996 S.B. 884 &
841)

1. An application for detention for evaluation and treatment may
be executed by any adult person, who need not be an attorney or
represented by an attorney, including the mental health coordinator, on a
form provided by the court for such purpose, and must allege under oath
that the applicant has reason to believe that the respondent is suffering
from a mental disorder and presents a likelihood of serious harm to
himself or to others. The application must specify the factual
information on which such belief is based and should contain the names
and addresses of all persons known to the applicant who have knowledge of
such facts through personal observation.

2. The filing of a written application in court by any adult person, who
need not be an attorney or represented by an attorney, including the
mental health coordinator, shall authorize the applicant to bring the
matter before the court on an ex parte basis to determine whether the
respondent should be taken into custody and transported to a mental
health facility. The application may be filed in the court having probate
jurisdiction in any county where the respondent may be found. If the
court finds that there is probable cause, either upon testimony under
oath or upon a review of affidavits, to believe that the respondent may
be suffering from a mental disorder and presents a likelihood of serious
harm to himself or others, it shall direct a peace officer to take the
respondent into custody and transport him to a mental health facility for
detention for evaluation and treatment for a period not to exceed
ninety-six hours unless further detention and treatment is authorized
pursuant to this chapter. Nothing herein shall be construed to prohibit
the court, in the exercise of its discretion, from giving the respondent
an opportunity to be heard.

3. A mental health coordinator may request a peace officer to take or a
peace officer may take a person into custody for detention for evaluation
and treatment for a period not to exceed ninety-six hours only when such
mental health coordinator or peace officer has reasonable cause to
believe that such person is suffering from a mental disorder and that the
likelihood of serious harm by such person to himself or others is
imminent unless such person is immediately taken into custody. Upon
arrival at the mental health facility, the peace officer or mental health
coordinator who conveyed such person or caused him to be conveyed shall
either present the application for detention for evaluation and treatment
upon which the court has issued a finding of probable cause and the
respondent was taken into custody or complete an application for initial
detention for evaluation and treatment for a period not to exceed
ninety-six hours which shall be based upon his own personal observations
or investigations and shall contain the information required in
subsection 1 of this section.

4. If a person presents himself or is presented by others to a mental
health facility and a licensed physician, a registered professional nurse
or a mental health professional designated by the head of the facility
and approved by the department for such purpose has reasonable cause to
believe that the person is mentally disordered and presents an imminent
likelihood of serious harm to himself or others unless he is accepted for
detention, the licensed physician, the mental health professional or the
registered professional nurse designated by the facility and approved by
the department may complete an application for detention for evaluation
and treatment for a period not to exceed ninety-six hours. The
application shall be based on his own personal observations or
investigation and shall contain the information required in subsection 1
of this section. (L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)

1. Whenever a court has authorized the initial detention and
evaluation of a respondent pursuant to subsection 2 of section 632.305,
or whenever a mental health coordinator submits an application for
initial detention and evaluation pursuant to subsection 3 of section
632.305, or whenever a licensed physician, a registered professional
nurse designated by the facility and approved by the department, or a
mental health professional submits an application for initial detention
and evaluation pursuant to subsection 4 of section 632.305, a public
mental health facility shall, and a private mental health facility may
immediately accept such application and the respondent on a provisional
basis, and the facility shall then evaluate the respondent's condition
and admit him for treatment or release him in accordance with the
provisions of this chapter.

2. Whenever a peace officer applies for initial detention and evaluation
pursuant to subsection 3 of section 632.305, the mental health facility
may, but is not required to, accept the application and the respondent.
If the facility accepts the application and the respondent, the facility
shall evaluate the respondent's condition and admit him for treatment or
release him in accordance with the provisions of this chapter.

3. If the respondent is not accepted for admission by a facility
providing ninety-six-hour evaluation and treatment, the facility shall
immediately furnish transportation, if not otherwise available, to return
the respondent to his place of residence or other appropriate place;
provided, that in the case of a person transported to the facility by a
peace officer or other governmental agency, such peace officer or agency
shall furnish or arrange for such transportation.

4. The department may require, pursuant to an affiliation agreement and
contract with a community-based service certified by the department to
serve the catchment area where a respondent whose mental disorder
consists of alcohol or drug abuse resides, that the service immediately
accept the application and respondent engaging in alcohol or drug abuse
on a provisional basis and that the service then evaluate such
respondent's condition and admit him for treatment for up to ninety-six
hours, petition for further detention and treatment, or release him in
accordance with the provisions of chapter 631, RSMo. (L. 1980 H.B. 1724,
A.L. 1982 H.B. 1565, A.L. 1985 S.B. 265)

Any mental health facility accepting a respondent pursuant to
section 632.310 shall be furnished a copy of the application for initial
detention and evaluation. If a person is involuntarily detained in a
mental health facility pursuant to section 632.310, no later than
twenty-four hours after his arrival, excluding Saturdays, Sundays and
legal holidays, the head of the mental health facility or the mental
health coordinator shall file with the court the application, a copy of
the notice required by section 632.325 and proof that the notice was
given. The person's designated attorney shall receive a copy of all
documents. The head of the mental health facility shall send copies of
all completed applications, whether accepted for admission or not, to the
designated mental health coordinator for the region. (L. 1980 H.B. 1724)

CROSS REFERENCE: Alcohol and drug abuse facilities, procedure applicable,
RSMo 631.175

1. Within three hours of the time at which the respondent
arrives at a mental health facility he shall:

(1) Be seen by a mental health professional or registered professional
nurse; and

(2) Be given a copy of the application for initial detention and
evaluation, a notice of rights pursuant to section 632.325 and a notice
giving the name, business address and telephone number of the attorney
appointed to represent him; and

(3) Be provided assistance in contacting the appointed attorney or an
attorney of his own choosing, if so requested.

2. Within eighteen hours after the respondent arrives at the mental
health facility, he shall be examined by a licensed physician.

3. Within four days after the respondent arrives at the mental health
facility, unless sooner released, the mental health coordinator shall
meet with the respondent and explain his statutory rights under this
chapter. (L. 1980 H.B. 1724)

If the respondent is accepted for evaluation or for evaluation
and treatment pursuant to this chapter, he shall be advised, orally and
in writing, of the information contained in subdivisions (1) through (11)
of this section. The respondent's guardian and, if possible and the
respondent consents, a responsible member of his immediate family shall
be advised, within eight hours either orally or in writing, of the
information contained in subdivisions (1) through (11) of this section.
The personnel of the mental health facility to which the respondent is
taken or the mental health coordinator shall advise the aforementioned
individuals that unless the respondent is released or voluntarily admits
himself within ninety-six hours of the initial detention:

(1) He may be detained for ninety-six hours from the time of his initial
detention to be evaluated and treated;

(2) Within the ninety-six hours, the head of the mental health facility
or the mental health coordinator may file a petition to have him detained
for an additional period not to exceed twenty-one days, after a court
hearing;

(3) He will be given a judicial hearing within two judicial days after
the day the petition for additional detention is filed;

(4) An attorney has been appointed who will represent him before and
after the hearing and who will be notified as soon as possible; provided,
however, that he also has the right to private counsel of his own
choosing and at his own expense;

(5) He has the right to communicate with counsel at all reasonable times
and to have assistance in contacting such counsel;

(6) The purpose of the evaluation is to determine whether he meets the
criteria for civil detention under this chapter and that anything he says
to personnel at the mental health facility may be used in making that
determination, may result in involuntary detention proceedings being
filed against him and may be used at the court hearing;

(7) He has the right to present evidence and to cross-examine witnesses
who testify against him at the hearing;

(8) During the period prior to being examined by a licensed physician, he
may refuse medication unless he presents an imminent likelihood of
serious physical injury to himself or others;

(9) He has the right to refuse medication except for lifesaving treatment
beginning twenty-four hours prior to the hearing for twenty-one-day
detention;

(10) He has the right to request that the hearing be held in his county
of residence if he is a resident of this state;

(11) He has the right to have an interpreter assist him to communicate,
at the facility or during the hearing, or both, if he has impaired
hearing or does not speak English. (L. 1980 H.B. 1724, A.L. 1996 S.B. 884
& 841)

1. At the expiration of the ninety-six hour period, the
respondent may be detained and treated involuntarily for an additional
two judicial days only if the head of the mental health facility or a
mental health coordinator either has filed a petition for additional
inpatient detention and treatment not to exceed twenty-one days or has
filed a petition for outpatient detention and treatment for a period not
to exceed one hundred eighty days.

2. Within ninety-six hours following initial detention, the head of the
facility or the mental health coordinator may file or cause to be filed
either a petition for a twenty-one-day inpatient involuntary detention
and treatment period or a petition for outpatient detention and treatment
for a period not to exceed one hundred eighty days, provided he has
reasonable cause to believe that the person is mentally ill and as a
result presents a likelihood of serious harm to himself or others. The
court shall serve the petition and list of prospective witnesses for the
petitioner upon the respondent and his attorney at least twenty-four
hours before the hearing. The head of the facility shall also notify the
mental health coordinator if the petition is not filed by the mental
health coordinator. The petition shall:

(1) Allege that the respondent, by reason of mental illness, presents a
likelihood of serious harm to himself or to others;

(2) Allege that the respondent is in need of continued detention and
treatment either on an inpatient basis or on an outpatient basis;

(3) Allege the specific behavior of the respondent or the facts which
support such conclusion;

(4) Affirm that attempts were made to provide necessary care, treatment
and services in the least restrictive environment to the respondent on a
voluntary basis, but either the petitioner believes that the respondent
lacks the capacity to voluntarily consent to care, treatment and services
or the respondent refuses to voluntarily consent to care, treatment and
services such that proceeding with a petition for the respondent's civil
detention in the least restrictive environment is necessary;

(5) Allege that there will be appropriate support from family, friends,
case managers or others during the period of outpatient detention and
treatment in the community if such commitment is sought;

(6) Specify the mental health program that is appropriate to handle the
respondent's condition and that has agreed to accept the respondent;

(7) Specify the range of care, treatment and services that shall be
provided to the respondent if the petition for further detention is
sustained by the court;

(8) Name the entities that have agreed to fund and provide the specified
interventions; and

(9) Be verified by a psychiatrist or by a licensed physician and a mental
health professional who have examined the respondent.

3. The petitioner shall consider whether based on the respondent's
condition and treatment history, the respondent meets the criteria in
chapter 475, RSMo, so that appointment of a full or limited guardian or
conservator is appropriate for the court to consider, and if deemed so,
the petitioner then shall proceed as specified in subsection 4 of this
section.

4. If the head of the mental health facility, or his designee, or the
mental health coordinator believes that the respondent, because of a
mental illness or mental disorder, may be incapacitated or disabled as
defined in chapter 475, RSMo, the head of the mental health facility or
mental health coordinator shall cause a petition to be filed pursuant to
section 475.060, RSMo, and section 475.061, RSMo, if applicable, with the
court having probate jurisdiction as determined by section 475.035, RSMo.
In addition, if the head of the mental health facility, his designee or
the mental health coordinator believes it appropriate, he shall proceed
with obtaining an order for the respondent's temporary emergency
detention as provided for in section 475.355, RSMo. Furthermore, the
hearing on the petition filed pursuant to chapter 475, RSMo, shall be
conducted pursuant to the requirements of section 475.075, RSMo, and
other appropriate sections of chapter 475, RSMo, and shall be held within
two judicial days after termination of the ninety-six-hour civil
detention period unless continued for good cause shown. Nothing contained
in this subsection shall restrict or prohibit the head of the mental
health facility, his designee or the mental health coordinator from
proceeding under the appropriate provisions of this chapter if the
petition for guardianship or conservatorship is denied. (L. 1980 H.B.
1724, A.L. 1996 S.B. 884 & 841)

1. The petition for additional inpatient detention and treatment
not to exceed twenty-one days or the petition for outpatient detention
and treatment not to exceed one hundred eighty days shall be filed with
the court having probate jurisdiction. At the time of filing the
petition, the court clerk shall set a date and time for the hearing which
shall take place within two judicial days of the filing of the petition.
The clerk shall promptly notify the respondent, his attorney, the
petitioner and the petitioner's attorney of the date and time for the
hearing. The court shall not grant continuances except upon a showing of
good and sufficient cause. If a continuance is granted, the court, in its
discretion, may order the person released pending the hearing upon
conditions prescribed by the court. The court may order the continued
detention and treatment of the person at a mental health facility pending
the continued hearing, and a copy of such order shall be furnished to the
facility.

2. The hearing shall be conducted in as informal a manner as may be
consistent with orderly procedure and in a physical setting not likely to
have a harmful effect on the respondent. Due consideration shall be given
by the court to holding a hearing at the mental health facility. The
respondent shall have the following rights in addition to those specified
elsewhere:

(1) To be represented by an attorney;

(2) To present evidence on his own behalf;

(3) To cross-examine witnesses who testify against him;

(4) To remain silent;

(5) To view and copy all petitions and reports in the court file of his
case;

(6) To have the hearing open or closed to the public as he elects;

(7) To be proceeded against according to the rules of evidence applicable
to civil judicial proceedings;

(8) A hearing before a jury if requested by the patient or his attorney.

3. The respondent shall be present at the hearing, unless the
respondent's physical condition is such that he cannot be present in the
courtroom or if the court determines that the respondent's conduct in the
courtroom is so disruptive that the proceedings cannot reasonably
continue.

4. At the conclusion of the hearing, if the court finds, based upon clear
and convincing evidence, that respondent, as the result of mental
illness, presents a likelihood of serious harm to himself or to others,
and that a mental health program appropriate to handle the respondent's
condition has agreed to accept him, the court shall order either that the
respondent be detained for inpatient involuntary treatment in the least
restrictive environment for a period not to exceed twenty-one days or be
detained for outpatient detention and treatment under the supervision of
a mental health program in the least restrictive environment for a period
not to exceed one hundred eighty days. (L. 1980 H.B. 1724, A.L. 1996 S.B.
884 & 841)

1. When the court has ordered up to one hundred eighty days of
outpatient detention and treatment pursuant to section 632.335 or 632.350
or 632.355, and the supervisory mental health program has good cause to
believe that immediate detention in a more appropriate least restrictive
environment is required because the respondent presents a likelihood of
serious harm due to mental illness, the supervisory mental health program
may direct that the respondent be detained for up to ninety- six hours at
an appropriate mental health program that has agreed to accept the
respondent and may authorize the sheriff to detain and transport the
respondent to that mental health program. Detention for more than ninety-
six hours shall be pursuant to section 632.330.

2. Evidence of detention for ninety-six-hour periods during the one
hundred eighty-day outpatient detention and treatment may be considered
by the court in determining additional periods of detention and
treatment. (L. 1996 S.B. 884 & 841)

1. Before the expiration of the twenty-one-day inpatient
detention and treatment period ordered pursuant to section 632.335, the
court may order the respondent to be detained and treated involuntarily
for an additional period not to exceed ninety inpatient days or may order
the respondent to be detained for outpatient detention and treatment for
a period not to exceed one hundred eighty days; provided, that:

(1) The respondent is mentally ill and continues to present a likelihood
of serious harm to himself or others; and

(2) The court, after a hearing, orders the respondent detained and
treated for the additional period.

2. If, within seventeen days of the court hearing described in section
632.335, the head of the mental health program or the mental health
coordinator has reasonable cause to believe that the respondent is
mentally ill and as a result presents a likelihood of serious harm to
himself or others, and believes that further detention and treatment is
necessary, he shall file, or cause to be filed, with the court a petition
for ninety days additional detention and treatment or a petition for
outpatient detention and treatment for a period not to exceed one hundred
eighty days. The court shall immediately set a date and time for a
hearing on the petition, which shall take place within four judicial days
of the date of the filing of the petition. The court shall serve a copy
of the petition and the notice of the date and time of the hearing upon
the petitioner, the respondent, and their attorneys as promptly as
possible, but not later than two judicial days after the filing of the
petition. The petitioner shall also file with the court, for the court to
serve upon the respondent's attorney not later than two judicial days
after the filing of the petition, a list of the proposed witnesses for
the petitioner. The head of the mental health program shall notify the
mental health coordinator if the petition is not filed by the mental
health coordinator. The petition shall comply with the requirements of
section 632.330, and an individualized treatment plan for the respondent
shall be attached thereto. (L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)

1. If requested by the respondent, the court shall appoint an
available licensed physician or licensed psychologist to examine him and
testify at the respondent's request. If the respondent or his counsel so
request, the court shall not appoint a physician or licensed psychologist
who is on the staff of the program wherein the person is detained, and if
the respondent is detained in a program operated by the department and
respondent or his counsel so request, the court shall not appoint a
physician or licensed psychologist who is an employee of the department.

2. The court may grant continuances but shall do so only upon a showing
of good and sufficient cause.

3. The respondent shall continue to be detained and treated pending the
hearing unless released by order of the court. If a continuance is
granted, the court, in its discretion, may order respondent released upon
conditions described by the court pending the hearing. If no order has
been made within thirty days after the filing of the petition, not
including extensions of time requested by the respondent and granted, the
respondent shall be released. (L. 1980 H.B. 1724, A.L. 1996 S.B. 884 &
841)

1. The hearing for a ninety-day inpatient detention and
treatment period or for outpatient detention and treatment for a period
not to exceed one hundred eighty days shall be conducted in as informal a
manner as may be consistent with orderly procedure and in a physical
setting not likely to have a harmful effect on the mental health of the
respondent. If a jury trial is not requested, due consideration shall be
given by the court to holding a hearing at the mental health program. The
hearing shall be held in accordance with the provisions set forth in
section 632.335.

2. The burden of proof at the hearing shall be by clear and convincing
evidence and shall be upon the petitioner.

3. If the matter is tried before a jury, the jury shall determine and
shall be instructed only upon the issues of whether or not the respondent
is mentally ill and, as a result, presents a likelihood of serious harm
to himself or others. The remaining procedures for the jury trial shall
be as in other civil matters.

4. The respondent shall not be required to file an answer or other
responsive pleading.

5. At the conclusion of the hearing, if the court or jury finds that the
respondent, as the result of mental illness, presents a likelihood of
serious harm to himself or to others, and the court finds that a program
appropriate to handle the respondent's condition has agreed to accept
him, the court shall order the respondent to be detained for involuntary
treatment in the least restrictive environment for a period not to exceed
ninety days or for outpatient detention and treatment under the
supervision of a mental health program in the least restrictive
environment for a period not to exceed one hundred eighty days. (L. 1980
H.B. 1724, A.L. 1996 S.B. 884 & 841)

1. At the expiration of the ninety-day inpatient commitment
period ordered by the court pursuant to section 632.350, the respondent
may be detained and treated as an involuntarily inpatient for an
additional period of time not to exceed one year or such lesser period of
time as determined by the court or may be detained for outpatient
detention and treatment for a period of time not to exceed one hundred
eighty days; provided, that:

(1) The respondent is mentally ill and continues to present a likelihood
of serious harm to himself or to others; and

(2) The court after a hearing orders the person detained and treated for
the additional period.

2. Within the ninety-day commitment period, the head of the mental health
program or the mental health coordinator may file or cause to be filed,
in compliance with the requirements of section 632.330, a petition for a
one-year inpatient detention and treatment period or a petition for
outpatient detention and treatment for a period not to exceed one hundred
eighty days if he has reasonable cause to believe that the respondent is
mentally ill and as a result presents a likelihood of serious harm to
himself or others, and that further detention and treatment is necessary
pursuant to an individualized treatment plan prepared by the program and
filed with the court. Procedures specified in sections 632.340, 632.345
and 632.350 shall be followed.

3. At the conclusion of the hearing, if the court or jury finds that the
respondent, as the result of mental illness, presents a likelihood of
serious harm to himself or others, and the court finds that a program
appropriate to handle the respondent's condition has agreed to accept
him, the court shall order that the respondent be detained for
involuntary treatment in the least restrictive environment for a period
not to exceed one year or for outpatient detention and treatment under
the supervision of a mental health program in the least restrictive
environment for a period not to exceed one hundred eighty days. (L. 1980
H.B. 1724, A.L. 1996 S.B. 884 & 841)

At the end of any detention period ordered by the court under
this chapter, the respondent shall be discharged unless a petition for
further detention is filed and heard in the same manner as provided
herein. Successive one-year detention periods, or successive one hundred
eighty-day outpatient detention periods, are permissible on the same
grounds and pursuant to the same procedures as the initial detention
period. No order of civil detention under this chapter may exceed one
year for an inpatient detention period or one hundred eighty days for an
outpatient detention period. (L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)

Notwithstanding any other provision of the law to the contrary,
whenever a court orders a person detained for involuntary treatment in a
mental health program operated by the department, the order of detention
shall be to the custody of the director of the department, who shall
determine where detention and involuntary treatment shall take place in
the least restrictive environment, be it an inpatient or outpatient
setting. (L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)

1. The department may transfer, or authorize the transfer of, an
involuntary patient detained under this chapter, chapter 211, RSMo,
chapter 475, RSMo, or chapter 552, RSMo, from one mental health program
to another if the department determines that it would be consistent with
the medical needs of the patient to do so. If a minor is transferred from
a ward for minors to an adult ward, the department shall conduct a due
process hearing within six days of such transfer during which hearing the
head of the program shall have the burden to show that the transfer is
appropriate for the medical needs of the minor. Whenever a patient is
transferred, written notice thereof shall be given after obtaining the
consent of the patient, his parent if he is a minor or his legal guardian
to his legal guardian, parents and spouse, or, if none be known, his
nearest known relative or friend. In all such transfers, due
consideration shall be given to the relationship of the patient to his
family, legal guardian or friends, so as to maintain relationships and
encourage visits beneficial to the patient. The head of the mental health
program shall notify the court ordering detention or commitment, the
patient's last known attorney of record and the mental health coordinator
for the region, and if the person was committed pursuant to chapter 552,
RSMo, to the prosecuting attorney of the jurisdiction where the person
was tried and acquitted, of any transfer from one mental health facility
to another. The prosecutor of the jurisdiction where the person was tried
and acquitted shall use their best efforts to notify the victims of
dangerous felonies. Notification by the appropriate person or agency by
certified mail to the most current address provided by the victim shall
constitute compliance with the victim notification requirement of this
section. In the case of a patient committed under chapter 211, RSMo, the
court, on its own motion, may hold a hearing on the transfer to determine
whether such transfer is appropriate to the medical needs of the patient.

2. Upon receipt of a certificate of an agency of the United States that
facilities are available for the care or treatment of any individual
heretofore ordered involuntarily detained, treated and evaluated pursuant
to this chapter in any facility for the care or treatment of the mentally
ill, mentally retarded or developmentally disabled and that such
individual is eligible for care or treatment in a hospital or institution
of such agency, the department may cause his transfer to such agency of
the United States for hospitalization. Upon effecting any such transfer,
the court ordering hospitalization, the legal guardian, spouse and
parents, or, if none be known, his nearest known relative or friend shall
be notified thereof immediately by the department. No person shall be
transferred to an agency of the United States if he is confined pursuant
to a conviction for any felony or misdemeanor or if he has been acquitted
of any felony or misdemeanor solely on the ground of mental illness,
unless prior to transfer the court originally ordering confinement of
such person enters an order for the transfer after appropriate motion and
hearing. Any person transferred to an agency of the United States shall
be deemed to be hospitalized by such agency pursuant to the original
order of hospitalization. (L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)

1. At least once every one hundred eighty days, the head of each
mental health program shall have each respondent who is detained at the
program for a one-year period under this chapter examined and evaluated
to determine if the respondent continues to be mentally ill, and as a
result presents a likelihood of serious harm to himself or others. The
court, the mental health coordinator for the region, the respondent and
the respondent's attorney shall be provided copies of the report of the
examination and evaluation described by this section and the respondent's
individualized treatment plan.

2. Upon receipt of the report, the court may, upon its own motion, or
shall, upon the motion of the respondent, order a hearing to be held as
to the need for continued detention and involuntary treatment. At the
conclusion of the hearing, the court may order:

(1) The discharge of the respondent; or

(2) An appropriate least restrictive course of detention and involuntary
treatment; or

(3) The respondent to be remanded to the mental health program for the
unexpired portion of the original commitment order. (L. 1980 H.B. 1724,
A.L. 1996 S.B. 884 & 841)

Persons who are mentally retarded, developmentally disabled,
senile or impaired by alcoholism or drug abuse shall not be detained
judicially under this chapter, unless they are also mentally ill and as a
result present likelihood of serious harm to themselves or to others.
Such persons may, however, be committed upon court order under this
chapter and the provisions of chapter 475, RSMo, relating to
incapacitated persons, pursuant to chapter 211, RSMo, relating to
juveniles, or may be admitted as voluntary patients under section 632.105
or 632.120. (L. 1980 H.B. 1724, A.L. 1983 S.B. 44 & 45, A.L. 1996 S.B.
884 & 841)

1. The head of a mental health facility shall release a patient,
whether voluntary or involuntary, from the facility to the least
restrictive environment, including referral to and subsequent placement
in the placement program of the department, when he believes that such
release is in the best interests of the patient. Release to the least
restrictive environment shall include provisions for continuing
responsibility to and by the facility.

2. Release to the least restrictive environment may be conditioned on the
patient receiving outpatient care as prescribed by the head of the mental
health facility from which the patient is being released. The period of
treatment in the least restrictive environment shall not exceed the
period of one year.

3. The facility or agency which is to provide treatment in the least
restrictive environment must agree in writing to assume such
responsibility. A copy of the conditions for release shall be given to
the patient, to the probate division of the circuit court having
jurisdiction and the mental health facility providing treatment.

4. The head of a mental health facility may permit a respondent detained
for treatment to leave the facility for prescribed short periods on trial
visit during his detention subject to conditions prescribed by the head
of the mental health facility.

5. The head of the mental health facility providing treatment may modify
the conditions for continued release from the facility to the least
restrictive environment when such modification is in the best interest of
the patient. Notification of any changes shall be sent to the patient and
to the court within ninety-six hours if the patient is involuntarily
detained under this chapter. Upon a receipt of a notification returning
the patient to the facility as an inpatient, the committing court shall,
if necessary, order the sheriff or other law enforcement official to
apprehend and transport the patient to the facility. The committing court
may, on its own motion or shall upon the respondent's motion, order a
hearing to be held on the need for such change. (L. 1980 H.B. 1724, A.L.
1988 H.B. 971)

1. The head of a mental health program shall release any person
who is involuntarily detained under this chapter when, in his opinion,
the person is no longer mentally ill or, although mentally ill, does not
present a likelihood of serious harm to himself or others, even though
the detention period has not expired.

2. Whenever the head of a mental health program discharges a person prior
to the expiration of the detention order, he shall notify in writing the
court and the mental health coordinator.

3. Whenever a respondent voluntarily admits himself and the head of a
mental health program accepts the admission application submitted by
respondent in good faith under section 632.105, the respondent's
involuntary detention shall cease, and the head of the program shall
notify, in writing, the court and the mental health coordinator. (L. 1980
H.B. 1724, A.L. 1996 S.B. 884 & 841)

1. Notwithstanding the provisions of subsection 1 of section
630.140, RSMo, a mental health program and any treating physician, upon
release of a patient who was committed or who is civilly detained and
consents to voluntary treatment during the course of the inpatient stay
pursuant to section 632.150, 632.155, 632.300, 632.305, 632.330, 632.335,
632.340, 632.350, 632.355 or 632.375:

(1) Shall provide to the patient and his care provider a written packet
of educational information developed and supplied by the department of
mental health describing symptoms of common mental illnesses, early
warning signs of decompensation, and availability of other education,
community and statewide services. The packet shall also include the
telephone number of the department of mental health information line and
information specific to the laws and procedures addressing civil
detention and guardianship;

(2) May disclose confidential treatment information to the primary care
provider or care providers, when such information is medically necessary
for the provision of appropriate health care or treatment by the care
provider or is related to the safety of the patient or care provider.

2. Prior to disclosure of the information specified under subdivision (2)
of subsection 1 of this section, the mental health facility shall provide
written notice to the patient; request in writing the consent of the
patient; work with the patient and care provider to encourage and secure
appropriate patient authorization; function as a mediator, negotiating
the boundaries of confidentiality to meet the needs of the client and
care provider; and work with the client to stress the importance of
keeping the care provider informed and involved with his treatment
process. If the patient refuses to consent and the treating physician
deems the information is medically necessary for the appropriate
provision of health care or treatment by the care provider or is related
to the safety of the patient or care provider, the information may still
be released to the appropriate care provider. The reason for the intended
disclosure, the specific information to be released and the persons to
whom the disclosure is to be made, even if consent has not been obtained,
will be provided to the client and care provider. All these procedures
shall be documented by the treating physician in the client record,
including a specific notation as to whether client consent was given.

3. As used in this section, the term "care provider" means the person or
persons who can demonstrate that they are primarily responsible for the
health care of the person with a mental illness. The term does not apply
to any person providing care through hospitals, nursing homes, group
homes or any other such facility. (L. 1996 S.B. 884 & 841)

1. If an individual ordered to be involuntarily detained or
committed, treated and evaluated pursuant to this chapter is eligible for
hospital care or treatment by any agency of the United States, the court,
upon receipt of a certificate from such agency showing that facilities
are available and that the individual is eligible for care or treatment
therein, may order him to be placed in the custody of such agency for
hospitalization. When any individual is admitted pursuant to the order of
the court to any hospital or institution operated by any agency of the
United States within or without this state, he shall be subject to the
rules and regulations of such agency. The chief officer of any hospital
or institution operated by such agency and in which the individual is so
hospitalized shall, with respect to such individual, be vested with the
same powers as the heads of hospitals or the division within this state
have with respect to detention, custody, transfer, conditional release
and discharge of patients. Jurisdiction is retained in the appropriate
courts of this state at any time to inquire into the mental condition of
an individual so hospitalized and to determine the necessity for
continuance of his hospitalization, and every order of hospitalization
issued pursuant to this section is so conditioned.

2. An order of a court of competent jurisdiction of another state, or of
the District of Columbia, authorizing hospitalization of an individual by
any agency of the United States shall have the same force and effect as
to the individual while in this state as in the jurisdiction in which is
situated the court entering the order, and the courts of the state or
District of Columbia issuing the order shall be deemed to have retained
jurisdiction of the individual so hospitalized for the purpose of
inquiring into his mental condition and of determining the necessity for
continuance of his hospitalization, as is provided in subsection 1 of
this section with respect to individuals ordered hospitalized by the
courts of this state. Consent is hereby given to the application of the
law of the state or District of Columbia in which is located the court
issuing the order for hospitalization with respect to the authority of
the chief officer of any hospital or institution operated in this state
by any agency of the United States to retain custody, transfer,
conditional release or discharge the individual hospitalized. (L. 1980
H.B. 1724)

Any respondent ordered detained for ninety-day or one-year
periods of involuntary inpatient treatment or ordered detained for a
period of up to one hundred eighty days of outpatient detention and
treatment under this chapter shall be entitled to a reexamination of the
order for his detention on his own motion, or that of his legal guardian,
parent, spouse, relative, friend or attorney to the court. Upon receipt
of the motion, the court shall conduct or cause to be conducted by a
special commissioner proceedings in accordance with section 632.340. (L.
1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)

It shall be the duty of the prosecuting attorney of the county
wherein a hearing described under this chapter takes place to represent
the petitioner and to file and prosecute in court all petitions for
detention, evaluation and treatment pursuant to this chapter. Such duty
shall be fulfilled by the county counselor in counties having a county
counselor and by the circuit attorney in any city not within a county.
(L. 1980 H.B. 1724)

CROSS REFERENCE: Alcohol and drug abuse facility detention, prosecutor's
duties, RSMo 631.175

Venue for proceedings for involuntary detentions pursuant to the
provisions of this chapter shall be in the court having probate
jurisdiction in the county in which the mental health program is located
wherein the respondent is detained; provided, however, that if the
respondent is a resident of this state and makes application for the
hearing to be held in his county of residence, the court shall order the
proceedings, with all papers, files and transcripts of the proceedings,
to be transferred to the court having probate jurisdiction in the
respondent's county of residence. Once a court has assumed jurisdiction
with respect to involuntary detention proceedings, no other court shall
assume jurisdiction until the court having prior jurisdiction has
transferred jurisdiction and all papers, files, and transcripts. If the
court having jurisdiction receives notice that a respondent has been
transferred to a mental health program in another county, the court shall
transfer jurisdiction, along with all papers, files and transcripts, to
the court in the county where the respondent has been transferred. (L.
1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)

1. The judge having probate jurisdiction in each county where a
mental health program is located shall prepare and maintain a current
register of attorneys who have agreed to be appointed to represent
respondents against whom involuntary civil detention proceedings have
been instituted in such county. The judge may choose lawyers who are paid
by any public or private agency or other lawyers who are appointed to the
register. The register shall be provided to the mental health coordinator
for the area which includes the county for which the list was prepared. A
new register shall be provided to the mental health coordinator each time
a new attorney is added.

2. If the judge finds that the respondent is unable to pay attorney's
fees for the services rendered in the proceedings, the judge shall allow
a reasonable attorney's fee for the services, which fee shall be assessed
as costs and paid together with all other costs in the proceeding by the
state, in accordance with rules and regulations promulgated by the state
court administrator, from funds appropriated to the office of
administration for such purposes provided that no attorney's fees shall
be allowed for services rendered by any attorney who is a salaried
employee of a public agency or a private agency which receives public
funds. (L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)

CROSS REFERENCE: Alcohol and drug abuse, respondent's rights, court's
duties, RSMo 631.175

The court having probate jurisdiction in appointing licensed
physicians pursuant to section 632.345 shall choose, if available,
physicians who have agreed to serve without fee or physicians paid by any
private or public agency, if they are found suitable; provided, that if
the court finds no suitable physicians from such sources, the court shall
appoint an available licensed physician and he shall be paid a reasonable
fee, as determined by the court, by the state from funds appropriated to
the office of administration for this purpose. (L. 1980 H.B. 1724)

The physician-patient privilege recognized by section 491.060,
RSMo, and the psychologist-patient privilege recognized by section
337.055, RSMo, shall be deemed waived in detention proceedings under this
chapter. The fact that such privileges have been waived pursuant to this
section does not by itself waive the privileges in any other proceeding,
civil or criminal. The waiver of the privileges shall extend only to that
evidence which is directly material and relevant to detention
proceedings. (L. 1980 H.B. 1724)

CROSS REFERENCE: Alcohol and drug abuse, detention proceedings,
privileges waived, RSMo 631.175

1. Appeals from court orders made under this chapter may be made
by the respondent or by the petitioner to the appropriate appellate court
pursuant to the rules of civil procedure of the supreme court of Missouri
pertaining to appeals. Such appeal shall have priority on the docket of
the appellate court and shall be expedited in all respects. The court
shall notify the attorney general's office whenever an appeal is filed
under this subsection, and the attorney general shall represent the state
when it is a party to such appeal.

2. A motion to stay any order restricting an individual's liberty may be
filed in either the court or the appropriate appellate court. A stay
order shall not be granted in any case where the court finds that the
person is so mentally ill that there is an imminent likelihood of serious
physical harm to himself or others if he is not detained or treated
pending appeal. Any refusal to grant a stay by the court may be reviewed
by the appropriate appellate court on motion. (L. 1980 H.B. 1724)

Any person detained under this chapter shall be entitled to
apply for a writ of habeas corpus. (L. 1980 H.B. 1724)

CROSS REFERENCE: Alcohol and drug abuse detention, right of application
for writ of habeas corpus, RSMo 631.175

No officer of a public or private agency, mental health facility
or mental health program; no head, attending staff or consultant of any
such agency, facility or mental health program; no mental health
coordinator, registered professional nurse, licensed physician, mental
health professional nor any other public official performing functions
necessary for the administration of this chapter; no peace officer
responsible for detaining a person pursuant to this chapter; and no peace
officer responsible for detaining or transporting, or both, any person
upon the request of any mental health coordinator pursuant to section
632.300 or 632.305 or acting pursuant to the request of a guardian who is
acting pursuant to chapter 475, RSMo, or upon the request of the head of
any supervisory mental health program who is acting pursuant to section
632.337, regardless of whether such peace officer is outside the
jurisdiction for which he serves as a peace officer during the course of
such detention or transportation, or both, shall be civilly liable for
detaining, transporting, conditionally releasing or discharging a person
pursuant to this chapter or chapter 475, RSMo, at or before the end of
the period for which the person was admitted or detained for evaluation
or treatment so long as such duties were performed in good faith and
without gross negligence. (L. 1980 H.B. 1724, A.L. 1983 H.B. 801, A.L.
1996 S.B. 884 & 841)

CROSS REFERENCE: Alcohol and drug abuse treatment facility, no liability
for public officials and certain peace officers, RSMo 631.175

No person making or filing an application alleging that a person
should be involuntarily detained, certified or committed, treated or
evaluated pursuant to this chapter shall be rendered civilly or
criminally liable if the application was made and filed in good faith.
(L. 1980 H.B. 1724)

CROSS REFERENCE: Alcohol and drug abuse detention, no liability for
petitioners, RSMo 631.175

1. An attorney shall be appointed to represent the respondent in
all judicial proceedings under this chapter, including appeal, unless
relieved by the courts for good cause shown.

2. The attorneys shall personally contact the respondent within two days
of the appointment and meet with the respondent in person as soon as is
reasonably possible after the appointment to advise the respondent
regarding the proceedings.

3. The attorney shall fully advise the respondent, if the respondent is
not fully discharged by the courts, of the right to appeal and regarding
the respondent's rights and interests after detention. (L. 1980 H.B. 1724)

CROSS REFERENCE: Alcohol and drug abuse, representation by attorney,
duties of attorney, RSMo 631.175

1. If requested to do so by the head of a mental health program,
the sheriff of the county where a patient absent without authorization is
found shall apprehend and return him to the program.

2. The head of the program may request the return of an absent patient
under subsection 1 of this section only under one or more of the
following circumstances:

(1) The patient is a minor whose admission was applied for by his parent
or legal custodian, who has not requested the minor patient's release;

(2) The patient is a minor under jurisdiction of the juvenile court;

(3) The patient has been declared legally incapacitated and his guardian
has not requested his release;

(4) The patient was committed to the department under chapter 552, RSMo,
or this chapter;

(5) The patient's condition is of such a nature that, for the protection
of the patient or others, the head of the program determines that the
patient's return to the program is necessary as noted in the patient's
records, in which case civil detention procedures shall be initiated upon
return to the program. (L. 1982 H.B. 1565, A.L. 1996 S.B. 884 & 841)

1. Persons committed to the department as criminal sexual
psychopaths under statutes in effect before August 13, 1980, shall remain
committed under those statutes, except as provided in this section.

2. At any time after commitment, a written application setting forth
facts showing that the person committed as a criminal sexual psychopath
has improved to the extent that his release will not be incompatible to
the welfare of society may be filed with the committing court. The court
shall issue an order returning the person to the jurisdiction of the
court for a hearing. This hearing shall in all respects be like the
original hearing under the statutes in effect before August 13, 1980, to
determine the mental condition of the defendant. Following the hearing,
the court shall issue an order to cause the defendant either to be placed
on probation for a minimum period of three years, or to be returned to
the department to continue his commitment; except that upon the
expiration of the probationary period and after further hearing by the
court, the person may be discharged. When the defendant is placed on
probation or discharged, notice of such action shall be given immediately
to the law enforcement authorities of the city and county of residence of
the defendant, and the city and county where the defendant is to be
released. (L. 1980 H.B. 1724, A.L. 1982 S.B. 630)

CROSS REFERENCE: Conviction of offense, on release registration
requirements and penalty for failure to comply (Megan's Law), RSMo
589.400 to 589.425

As used in sections 632.480 to 632.513, the following terms mean:

(1) "Agency with jurisdiction", the department of corrections or the
department of mental health;

(2) "Mental abnormality", a congenital or acquired condition affecting
the emotional or volitional capacity which predisposes the person to
commit sexually violent offenses in a degree constituting such person a
menace to the health and safety of others;

(3) "Predatory", acts directed towards individuals, including family
members, for the primary purpose of victimization;

(4) "Sexually violent offense", the felonies of forcible rape, rape,
statutory rape in the first degree, forcible sodomy, sodomy, statutory
sodomy in the first degree, or an attempt to commit any of the preceding
crimes, or child molestation in the first or second degree, sexual abuse,
sexual assault, deviate sexual assault, or the act of abuse of a child as
defined in subdivision (1) of subsection 1 of section 568.060, RSMo,
which involves sexual contact, and as defined in subdivision (2) of
subsection 1 of section 568.060, RSMo;

(5) "Sexually violent predator", any person who suffers from a mental
abnormality which makes the person more likely than not to engage in
predatory acts of sexual violence if not confined in a secure facility
and who:

(a) Has pled guilty or been found guilty, or been found not guilty by
reason of mental disease or defect pursuant to section 552.030, RSMo, of
a sexually violent offense; or

(b) Has been committed as a criminal sexual psychopath pursuant to
section 632.475 and statutes in effect before August 13, 1980. (L. 1998
H.B. 1405, et al. § 1, A.L. 2001 S.B. 267)

(2004) Alcohol dependence may be considered as mental abnormality under
section requiring commitment of offender as sexually violent predator. In
re Care and Treatment of Burgess, 147 S.W.3d 822 (Mo.App. S.D.).

1. When it appears that a person may meet the criteria of a
sexually violent predator, the agency with jurisdiction shall give
written notice of such to the attorney general and the multidisciplinary
team established in subsection 4 of this section. Written notice shall be
given:

(1) Within three hundred sixty days prior to the anticipated release from
a correctional center of the department of corrections of a person who
has been convicted of a sexually violent offense, except that in the case
of persons who are returned to prison for no more than one hundred eighty
days as a result of revocation of postrelease supervision, written notice
shall be given as soon as practicable following the person's readmission
to prison;

(2) At any time prior to the release of a person who has been found not
guilty by reason of mental disease or defect of a sexually violent
offense; or

(3) At any time prior to the release of a person who was committed as a
criminal sexual psychopath pursuant to section 632.475 and statutes in
effect before August 13, 1980.

2. The agency with jurisdiction shall provide the attorney general and
the multidisciplinary team established in subsection 4 of this section
with the following:

(1) The person's name, identifying factors, anticipated future residence
and offense history;

(2) Documentation of institutional adjustment and any treatment received
or refused, including the Missouri sexual offender program; and

(3) A determination by either a psychiatrist or a psychologist as defined
in section 632.005 as to whether the person meets the definition of a
sexually violent predator.

3. The agency with jurisdiction, its employees, officials, members of the
multidisciplinary team established in subsection 4 of this section,
members of the prosecutor's review committee appointed as provided in
subsection 5 of this section and individuals contracting or appointed to
perform services hereunder shall be immune from liability for any conduct
performed in good faith and without gross negligence pursuant to the
provisions of sections 632.480 to 632.513.

4. The director of the department of mental health and the director of
the department of corrections shall establish a multidisciplinary team
consisting of no more than seven members, at least one from the
department of corrections and the department of mental health, and which
may include individuals from other state agencies to review available
records of each person referred to such team pursuant to subsection 1 of
this section. The team, within thirty days of receiving notice, shall
assess whether or not the person meets the definition of a sexually
violent predator. The team shall notify the attorney general of its
assessment.

5. The prosecutors coordinators training council established pursuant to
section 56.760, RSMo, shall appoint a five-member prosecutors' review
committee composed of a cross section of county prosecutors from urban
and rural counties. No more than three shall be from urban counties, and
one member shall be the prosecuting attorney of the county in which the
person was convicted or committed pursuant to chapter 552, RSMo. The
committee shall review the records of each person referred to the
attorney general pursuant to subsection 1 of this section. The
prosecutors' review committee shall make a determination of whether or
not the person meets the definition of a sexually violent predator. The
determination of the prosecutors' review committee or any member pursuant
to this section or section 632.484 shall not be admissible evidence in
any proceeding to prove whether or not the person is a sexually violent
predator. The assessment of the multidisciplinary team shall be made
available to the attorney general and the prosecutors' review committee.
(L. 1998 H.B. 1405, et al. § 2, A.L. 1999 H.B. 852, A.L. 2001 S.B. 87
merged with S.B. 267, A.L. 2002 S.B. 969, et al.)

1. When the attorney general receives written notice from any
law enforcement agency that a person, who has pled guilty to or been
convicted of a sexually violent offense and who is not presently in the
physical custody of an agency with jurisdiction:

(1) Has committed a recent overt act; or

*(2) Has been in the custody of an agency with jurisdiction within the
preceding ten years and may meet the criteria of a sexually violent
predator;

the attorney general may file a petition for detention and evaluation
with the probate division of the court in which the person was convicted,
or committed pursuant to chapter 552, RSMo, alleging the respondent may
meet the definition of a sexually violent predator and should be detained
for evaluation for a period of up to nine days. The written notice shall
include the previous conviction record of the person, a description of
the recent overt act, if applicable, and any other evidence which tends
to show the person to be a sexually violent predator. The attorney
general shall provide notice of the petition to the prosecuting attorney
of the county where the petition was filed.

2. Upon a determination by the court that the person may meet the
definition of a sexually violent predator, the court shall order the
detention and transport of such person to a secure facility to be
determined by the department of mental health. The attorney general shall
immediately give written notice of such to the department of mental
health.

3. Upon receiving physical custody of the person and written notice
pursuant to subsection 2 of this section, the department of mental health
shall, through either a psychiatrist or psychologist as defined in
section 632.005, make a determination whether or not the person meets the
definition of a sexually violent predator. The department of mental
health shall, within seven days of receiving physical custody of the
person, provide the attorney general with a written report of the results
of its investigation and evaluation. The attorney general shall provide
any available records of the person that are retained by the department
of corrections to the department of mental health for the purposes of
this section. If the department of mental health is unable to make a
determination within seven days, the attorney general may request an
additional detention of ninety-six hours from the court for good cause
shown.

4. If the department determines that the person may meet the definition
of a sexually violent predator, the attorney general shall provide the
results of the investigation and evaluation to the prosecutors' review
committee. The prosecutors' review committee shall, by majority vote,
determine whether or not the person meets the definition of a sexually
violent predator within twenty-four hours of written notice from the
attorney general's office. If the prosecutors' review committee
determines that the person meets the definition of a sexually violent
predator, the prosecutors' review committee shall provide written notice
to the attorney general of its determination. The attorney general may
file a petition pursuant to section 632.486 within forty-eight hours
after obtaining the results from the department.

5. For the purposes of this section "recent overt act" means any act that
creates a reasonable apprehension of harm of a sexually violent nature.

6. The provisions of subdivision (2) of subsection 1 of this section
shall expire December 31, 2001. (L. 1999 H.B. 852)

*Subdivision (2) of subsection 1 expires 12-31-2001.

When it appears that the person presently confined may be a
sexually violent predator and the prosecutor's review committee appointed
as provided in subsection 5 of section 632.483 has determined by a
majority vote, that the person meets the definition of a sexually violent
predator, the attorney general may file a petition, in the probate
division of the circuit court in which the person was convicted, or
committed pursuant to chapter 552, RSMo, within forty-five days of the
date the attorney general received the written notice by the agency with
jurisdiction as provided in subsection 1 of section 632.483, alleging
that the person is a sexually violent predator and stating sufficient
facts to support such allegation. A copy of the assessment of the
multidisciplinary team must be filed with the petition. (L. 1998 H.B.
1405, et al. § 3, A.L. 1999 H.B. 852, A.L. 2001 S.B. 87)

1. Upon filing a petition pursuant to section 632.484 or
632.486, the judge shall determine whether probable cause exists to
believe that the person named in the petition is a sexually violent
predator. If such probable cause determination is made, the judge shall
direct that person be taken into custody and direct that the person be
transferred to an appropriate secure facility, including, but not limited
to, a county jail. If the person is ordered to the department of mental
health, the director of the department of mental health shall determine
the appropriate secure facility to house the person.

2. Within seventy-two hours after a person is taken into custody pursuant
to subsection 1 of this section, excluding Saturdays, Sundays and legal
holidays, such person shall be provided with notice of, and an
opportunity to appear in person at, a hearing to contest probable cause
as to whether the detained person is a sexually violent predator. At this
hearing the court shall:

(1) Verify the detainee's identity; and

(2) Determine whether probable cause exists to believe that the person is
a sexually violent predator. The state may rely upon the petition and
supplement the petition with additional documentary evidence or live
testimony.

3. At the probable cause hearing as provided in subsection 2 of this
section, the detained person shall have the following rights in addition
to the rights previously specified:

(1) To be represented by counsel;

(2) To present evidence on such person's behalf;

(3) To cross-examine witnesses who testify against such person; and

(4) To view and copy all petitions and reports in the court file,
including the assessment of the multidisciplinary team.

4. If the probable cause determination is made, the court shall direct
that the person be transferred to an appropriate secure facility,
including, but not limited to, a county jail, for an evaluation as to
whether the person is a sexually violent predator. If the person is
ordered to the department of mental health, the director of the
department of mental health shall determine the appropriate secure
facility to house the person. The court shall direct the director of the
department of mental health to have the person examined by a psychiatrist
or psychologist as defined in section 632.005 who was not a member of the
multidisciplinary team that previously reviewed the person's records. In
addition, such person may be examined by a consenting psychiatrist or
psychologist of the person's choice at the person's own expense. Any
examination shall be conducted in the facility in which the person is
confined. Any examinations ordered shall be made at such time and under
such conditions as the court deems proper; except that, if the order
directs the director of the department of mental health to have the
person examined, the director shall determine the time, place and
conditions under which the examination shall be conducted. The
psychiatrist or psychologist conducting such an examination shall be
authorized to interview family and associates of the person being
examined, as well as victims and witnesses of the person's offense or
offenses, for use in the examination unless the court for good cause
orders otherwise. The psychiatrist or psychologist shall have access to
all materials provided to and considered by the multidisciplinary team
and to any police reports related to sexual offenses committed by the
person being examined. Any examination performed pursuant to this section
shall be completed and filed with the court within sixty days of the date
the order is received by the director or other evaluator unless the court
for good cause orders otherwise. One examination shall be provided at no
charge by the department. All costs of any subsequent evaluations shall
be assessed to the party requesting the evaluation. (L. 1998 H.B. 1405,
et al. § 4, A.L. 1999 H.B. 852)

Within sixty days after the completion of any examination held
pursuant to section 632.489, the court shall conduct a trial to determine
whether the person is a sexually violent predator. The trial may be
continued upon the request of either party and a showing of good cause,
or by the court on its own motion in the due administration of justice,
and when the respondent will not be substantially prejudiced. At all
stages of the proceedings pursuant to sections 632.480 to 632.513, any
person subject to sections 632.480 to 632.513 shall be entitled to the
assistance of counsel, and if the person is indigent, the court shall
appoint counsel to assist such person. The person, the attorney general,
or the judge shall have the right to demand that the trial be before a
jury. If the trial is held before a jury, the judge shall instruct the
jury that if it finds that the person is a sexually violent predator, the
person shall be committed to the custody of the director of the
department of mental health for control, care and treatment. If no demand
for a jury is made, the trial shall be before the court. The court shall
conduct all trials pursuant to this section in open court, except as
otherwise provided for by the child victim witness protection law
pursuant to sections 491.675 to 491.705, RSMo. (L. 1998 H.B. 1405, et al.
§ 5, A.L. 1999 H.B. 852 merged with S.B. 1, et al., A.L. 2001 S.B. 267)

The court or jury shall determine whether, beyond a reasonable
doubt, the person is a sexually violent predator. If such determination
that the person is a sexually violent predator is made by a jury, such
determination shall be by unanimous verdict of such jury. Any
determination as to whether a person is a sexually violent predator may
be appealed. If the court or jury determines that the person is a
sexually violent predator, the person shall be committed to the custody
of the director of the department of mental health for control, care and
treatment until such time as the person's mental abnormality has so
changed that the person is safe to be at large. Such control, care and
treatment shall be provided by the department of mental health. At all
times, persons committed for control, care and treatment by the
department of mental health pursuant to sections 632.480 to 632.513 shall
be kept in a secure facility designated by the director of the department
of mental health and such persons shall be segregated at all times from
any other patient under the supervision of the director of the department
of mental health. The department of mental health shall not place or
house an offender determined to be a sexually violent predator, pursuant
to sections 632.480 to 632.513, with other mental health patients who
have not been determined to be sexually violent predators. The department
of mental health is authorized to enter into an interagency agreement
with the department of corrections for the confinement of such persons.
Such persons who are in the confinement of the department of corrections
pursuant to an interagency agreement shall be housed and managed
separately from offenders in the custody of the department of
corrections, and except for occasional instances of supervised incidental
contact, shall be segregated from such offenders. If the court or jury is
not satisfied beyond a reasonable doubt that the person is a sexually
violent predator, the court shall direct the person's release. Upon a
mistrial, the court shall direct that the person be held at an
appropriate secure facility, including, but not limited to, a county
jail, until another trial is conducted. If the person is ordered to the
department of mental health, the director of the department of mental
health shall determine the appropriate secure facility to house the
person. Any subsequent trial following a mistrial shall be held within
ninety days of the previous trial, unless such subsequent trial is
continued as provided in section 632.492. (L. 1998 H.B. 1405, et al. § 6,
A.L. 1999 H.B. 852, A.L. 2001 S.B. 267)

Each person committed pursuant to sections 632.480 to 632.513
shall have a current examination of the person's mental condition made
once every year by the director of the department of mental health or
designee. The yearly report shall be provided to the court that committed
the person pursuant to sections 632.480 to 632.513. The court shall
conduct an annual review of the status of the committed person. Nothing
contained in sections 632.480 to 632.513 shall prohibit the person from
otherwise petitioning the court for discharge. The director of the
department of mental health shall provide the committed person with an
annual written notice of the person's right to petition the court for
release over the director's objection. The notice shall contain a waiver
of rights. The director shall forward the notice and waiver form to the
court with the annual report. The committed person shall have a right to
have an attorney represent the person at the hearing but the person is
not entitled to be present at the hearing. If the court at the hearing
determines by a preponderance of the evidence that the person no longer
suffers from a mental abnormality that makes the person likely to engage
in acts of sexual violence if discharged, then the court shall set a
hearing on the issue. At the hearing, the committed person shall be
entitled to be present and entitled to the benefit of all constitutional
protections that were afforded the person at the initial commitment
proceeding. The attorney general shall represent the state and shall have
a right to a jury trial and to have the committed person evaluated by a
psychiatrist or psychologist not employed by the department of mental
health or the department of corrections. In addition, the person may be
examined by a consenting psychiatrist or psychologist of the person's
choice at the person's own expense. The burden of proof at the trial
shall be upon the state to prove beyond a reasonable doubt that the
committed person's mental abnormality remains such that the person is not
safe to be at large and if released is likely to engage in acts of sexual
violence. (L. 1998 H.B. 1405, et al. § 7, A.L. 2004 S.B. 1211)

If the director of the department of mental health determines
that the person's mental abnormality has so changed that the person is
not likely to commit acts of sexual violence if released, the director
shall authorize the person to petition the court for release. The
petition shall be served upon the court and the attorney general. The
court, upon receipt of the petition for release, shall order a hearing
within thirty days. The attorney general shall represent the state, and
shall have the right to have the petitioner examined by a consenting
psychiatrist or psychologist not employed by the department of mental
health or department of corrections. The hearing shall be before a jury
if demanded by either the petitioner or the attorney general. The burden
of proof shall be upon the attorney general to show beyond a reasonable
doubt that the petitioner's mental abnormality remains such that the
petitioner is not safe to be at large and that if discharged is likely to
commit acts of sexual violence. (L. 1998 H.B. 1405, et al. § 8)

Effective 1-1-99

Nothing in sections 632.480 to 632.513 shall prohibit a person
from filing a petition for discharge pursuant to sections 632.480 to
632.513. However, if a person has previously filed a petition for
discharge without the director's of the department of mental health
approval and the court determined either upon review of the petition or
following a hearing, that the petitioner's petition was frivolous or that
the petitioner's condition had not so changed that the person was safe to
be at large, then the court shall deny the subsequent petition unless the
petition contains facts upon which a court could find the condition of
the petitioner had so changed that a hearing was warranted. Upon receipt
of a first or subsequent petition from committed persons without the
director's approval, the court shall endeavor whenever possible to review
the petition and determine if the petition is based upon frivolous
grounds and if so shall deny the petition without a hearing. (L. 1998
H.B. 1405, et al. § 9)

Effective 1-1-99

1. The attorney general shall in a timely manner inform victims
of a sexually violent offense committed by a person:

(1) That a written notice has been given by the agency with jurisdiction
to the attorney general and the multidisciplinary team pursuant to
subsection 1 of section 632.483;

(2) Of the decision of the prosecutor's review committee in determining
whether or not the person may be a sexually violent predator;

(3) That a petition has been filed with the circuit court pursuant to
section 632.484 or 632.486;

(4) Of the outcome of a trial held pursuant to the provisions of section
632.492;

(5) Of the filing of any petition or pending proceedings held pursuant to
the provisions of sections 632.498 to 632.504.

2. Such victims shall have the right to be present at any proceeding held
pursuant to the provisions of sections 632.480 to 632.513. Failure to
notify shall not be a reason for postponement of release. Nothing in this
section shall create a cause of action against the state or an employee
of the state acting within the scope of the employee's employment as a
result of the failure to notify pursuant to this section. (L. 1998 H.B.
1405, et al. § 10, A.L. 1999 H.B. 852)

In order to protect the public, relevant information and records
which are otherwise confidential or privileged shall be released to the
agency with jurisdiction or the attorney general for the purpose of
meeting the notice requirement provided in section 632.483 or 632.484 and
determining whether a person is or continues to be a sexually violent
predator. (L. 1998 H.B. 1405, et al. § 11, A.L. 1999 H.B. 852)

Any psychological reports, drug and alcohol reports, treatment
records, medical records or victim impact statements which have been
submitted to the court or admitted into evidence pursuant to sections
632.480 to 632.513 shall be part of the record but shall be sealed and
opened only on order of the court or as provided in sections 632.480 to
632.513; provided, however, that any person may have access to their own
records or reports. (L. 1998 H.B. 1405, et al. § 12)

Effective 1-1-99

As used in sections 632.550 to 632.557, the following terms mean:

(1) "Board", the governing board established in section 632.555;

(2) "Child", a person under the age of eighteen years;

(3) "Demonstration project", the project established in section 632.553;

(4) "Department", the department of mental health;

(5) "Severely emotionally disturbed child", a child who exhibits
substantial impairment in his ability to function at a developmentally
appropriate level due to the presence of a serious psychiatric disorder.
(L. 1989 H.B. 502, et al. § 1)

1. Subject to appropriations, the department of mental health
shall designate a county in which to establish a three-year demonstration
project to design and implement a community-based inter-agency treatment
system to serve severely emotionally disturbed children who receive
services through public funding. Such county shall be required to fund
ten percent of the cost of the project. The director of the department of
mental health shall assemble an advisory board, consisting of members who
are residents of such county, to plan the demonstration project. It is
the intent of the general assembly that the demonstration project provide
services that enable severely emotionally disturbed children to remain
with their families, attend and make academic progress in public schools
and not commit crimes or be incarcerated.

2. The demonstration project shall accomplish the following goals:

(1) Provide services in a manner that gives priority to permitting a
child to reside safely in his usual family setting if that is in the best
interests of the child;

(2) Ensure that when a joint evaluation indicates that out-of-home care
and treatment are required, services are provided for as brief a time as
possible, in the least restrictive setting consistent with effective
services, and in as close proximity as possible to the child's usual
residence;

(3) Develop appropriate services for difficult to place children;

(4) Conduct research into children's mental health service system in
order that the system may be evaluated for effectiveness of treatment and
cost benefit on an ongoing basis; and

(5) Provide for other counties or regions a replicable model for a
comprehensive, coordinated children's mental health service system. (L.
1989 H.B. 502, et al. § 2)

1. There is hereby established within the department of mental
health a "Governing Board" for the demonstration project established
pursuant to section 632.553. The board shall be composed of seven members
who are residents of the county selected for the demonstration project.
Such members shall be appointed by the director of the department of
mental health with the advice and consent of the state mental health
commission.

2. Board members shall serve for the three-year duration of the
demonstration project. The board members shall receive no compensation,
but shall be reimbursed for necessary expenses in the performance of
their duties.

3. The board shall be responsible for the direct implementation of the
demonstration project and shall monitor and direct the treatment of the
severely emotionally disturbed children within the project, evaluating
the treatment effectiveness and the cost effectiveness of the program.
The board shall make quarterly reports to the department of mental health
regarding such effectiveness of treatment and cost benefit.

4. The department shall provide clerical and administrative support to
the board. (L. 1989 H.B. 502, et al. § 3)

The department shall file annual progress reports concerning the
demonstration project to the governor and to the general assembly. (L.
1989 H.B. 502, et al. § 4)

1. As used in this section, "mental health care provider" means
any person licensed pursuant to chapter 334, RSMo, chapter 335, RSMo, or
chapter 337, RSMo.

2. To provide repressed memory therapy, recovered memory therapy,
reparenting therapy or multiple personality disorder treatment, a person
shall be a mental health care provider as defined in subsection 1 of this
section. (L. 1999 H.B. 343 § 1)

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