217.410. Abuse of offender, duty to report, penalty--confidentiality of report, immunity from liability--harassment prohibited.

MISSOURI STATUTES AND CODES

217.410. Abuse of offender, duty to report, penalty--confidentiality of report, immunity from liability--harassment prohibited.

Abuse of offender, duty to report, penalty--confidentiality ofreport, immunity from liability--harassment prohibited.

217.410. 1. When any employee of the department has reasonable causeto believe that an offender in a correctional center operated or funded bythe department has been abused, he shall immediately report it in writingto the director.

2. The written report shall contain the name and address of thecorrectional center; the name of the offender; information regarding thenature of the abuse; the name of the complainant; and any other informationwhich might be helpful in an investigation.

3. Any person required by subsection 1 of this section to report orcause a report to be made, but who fails to do so within a reasonable timeafter the act of abuse or neglect is guilty of a class A misdemeanor.

4. In addition to those persons required to report under subsection 1of this section, any other person having reasonable cause to believe thatan offender has been abused may report such information to the director.

5. Upon receipt of a report, the department shall initiate aninvestigation within twenty-four hours.

6. If the investigation indicates possible abuse of an offender, theinvestigator shall refer the complaint, together with his report, to thedirector for appropriate action.

7. Reports made pursuant to this section shall be confidential andshall not be deemed a public record and shall not be subject to theprovisions of section 109.180, RSMo, or chapter 610, RSMo.

8. Anyone who makes a report pursuant to this section or whotestifies in any administrative or judicial proceeding arising from thereport shall be immune from any civil or criminal liability for making sucha report or for testifying, except for liability for perjury, unless suchperson acted in bad faith or with malicious purpose.

9. Within five working days after a report required to be made undersubsection 1 of this section is received, the person making the reportshall be notified in writing of its receipt and of the initiation of theinvestigation.

10. No person who directs or exercises any authority in acorrectional center operated or funded by the department shall harass,dismiss or retaliate against an offender or employee because he or anymember of his family has made a report of any violation or suspectedviolation of laws, ordinances or regulations applying to the correctionalcenter which he has reasonable cause to believe has been committed or hasoccurred.