632.492. Trial--procedure--assistance of counsel, right to jury, when. - Missouri Statutes

Trial--procedure--assistance of counsel, right to jury, when.

632.492. Within sixty days after the completion of any examinationheld pursuant to section 632.489, the court shall conduct a trial todetermine whether the person is a sexually violent predator. The trial maybe 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, andwhen the respondent will not be substantially prejudiced. At all stages ofthe proceedings pursuant to sections 632.480 to 632.513, any person subjectto sections 632.480 to 632.513 shall be entitled to the assistance ofcounsel, and if the person is indigent, the court shall appoint counsel toassist such person. The person, the attorney general, or the judge shallhave the right to demand that the trial be before a jury. If the trial isheld before a jury, the judge shall instruct the jury that if it finds thatthe person is a sexually violent predator, the person shall be committed tothe 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 bebefore the court. The court shall conduct all trials pursuant to thissection in open court, except as otherwise provided for by the child victimwitness 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)