632.495. Unanimous verdict required--offender committed to custody of department of mental health, when--contracting with county jails, when--release, when--mistrial procedures. - Missouri Statutes

Unanimous verdict required--offender committed to custody ofdepartment of mental health, when--contracting with county jails,when--release, when--mistrial procedures.

632.495. 1. The court or jury shall determine whether, by clear andconvincing evidence, the person is a sexually violent predator. If suchdetermination that the person is a sexually violent predator is made by ajury, such determination shall be by unanimous verdict of such jury. Anydetermination as to whether a person is a sexually violent predator may beappealed.

2. If the court or jury determines that the person is a sexuallyviolent predator, the person shall be committed to the custody of thedirector of the department of mental health for control, care and treatmentuntil such time as the person's mental abnormality has so changed that theperson is safe to be at large. Such control, care and treatment shall beprovided by the department of mental health.

3. At all times, persons ordered to the department of mental healthafter a determination by the court that such persons may meet thedefinition of a sexually violent predator, persons ordered to thedepartment of mental health after a finding of probable cause under section632.489, and persons committed for control, care and treatment by thedepartment of mental health pursuant to sections 632.480 to 632.513 shallbe kept in a secure facility designated by the director of the departmentof mental health and such persons shall be segregated at all times from anyother patient under the supervision of the director of the department ofmental health. The department of mental health shall not place or house aperson ordered to the department of mental health after a determination bythe court that such person may meet the definition of a sexually violentpredator, a person ordered to the department of mental health after afinding of probable cause under section 632.489, or a person committed forcontrol, care, and treatment by the department of mental health, pursuantto sections 632.480 to 632.513, with other mental health patients. Theprovisions of this subsection shall not apply to a person who has beenconditionally released under section 632.505.

4. The department of mental health is authorized to enter into aninteragency agreement with the department of corrections for theconfinement of such persons. Such persons who are in the confinement ofthe department of corrections pursuant to an interagency agreement shall behoused and managed separately from offenders in the custody of thedepartment of corrections, and except for occasional instances ofsupervised incidental contact, shall be segregated from such offenders.

5. The department of mental health is authorized to enter into acontract agreement with one or more county jails in Missouri for theconfinement of persons ordered to the department of mental health after adetermination by the court that such persons may meet the definition of asexually violent predator or for the confinement of persons ordered to thedepartment of mental health after a finding of probable cause under section632.489. Such persons who are in the confinement of a county jail pursuantto a contract agreement shall be housed and managed separately fromoffenders in the custody of the county jail, and except for occasionalinstances of supervised incidental contact, shall be segregated from suchoffenders.

6. If the court or jury is not satisfied by clear and convincingevidence that the person is a sexually violent predator, the court shalldirect the person's release.

7. Upon a mistrial, the court shall direct that the person be held atan appropriate secure facility, including, but not limited to, a countyjail, until another trial is conducted. If the person is ordered to thedepartment of mental health, the director of the department of mentalhealth shall determine the appropriate secure facility to house the person.Any subsequent trial following a mistrial shall be held within ninety daysof the previous trial, unless such subsequent trial is continued asprovided in section 632.492.

(L. 1998 H.B. 1405, et al. § 6, A.L. 1999 H.B. 852, A.L. 2001 S.B. 267, A.L. 2006 H.B. 1698, et al., A.L. 2009 H.B. 826 merged with S.B. 435)

(2008) Section imposing clear and convincing evidence burden of proof for civil commitment of sexually violent predators is constitutional under due process principles. In re Van Orden, 271 S.W.3d 579 (Mo.banc).