FIRST REGULAR SESSION
HOUSE BILL NO. 577
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ENGLER (Sponsor), GANNON, HINSON, BLACK AND FITZWATER (Co-sponsors).
1582L.01I D. ADAM CRUMBLISS, Chief Clerk
To repeal section 632.505, RSMo, and to enact in lieu thereof one new section relating to access to certain electronic monitoring information by local law enforcement agencies.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 632.505, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 632.505, to read as follows:
632.505. 1. Upon determination by a court or jury that the person's mental abnormality has so changed that the person is not likely to commit acts of sexual violence if released, the court shall place the person on conditional release pursuant to the terms of this section. The primary purpose of conditional release is to provide outpatient treatment and monitoring to prevent the person's condition from deteriorating to the degree that the person would need to be returned to a secure facility designated by the director of the department of mental health.
2. The department of mental health is authorized to enter into an interagency agreement with the department of corrections for the supervision of persons granted a conditional release by the court. In conjunction with the department of corrections, the department of mental health shall develop a conditional release plan which contains appropriate conditions for the person to be released. The plan shall address the person's need for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol and drug treatment. The department of mental health shall submit the proposed plan for conditional release to the court.
3. The court shall review the plan and determine the conditions that it deems necessary to meet the person's need for treatment and supervision and to protect the safety of the public. The court shall order that the person shall be subject to the following conditions and other conditions as deemed necessary:
(1) Maintain a residence approved by the department of mental health and not change residence unless approved by the department of mental health;
(2) Maintain employment unless engaged in other structured activity approved by the department of mental health;
(3) Obey all federal and state laws;
(4) Not possess a firearm or dangerous weapon;
(5) Not be employed or voluntarily participate in an activity that involves contact with children without approval of the department of mental health;
(6) Not consume alcohol or use a controlled substance except as prescribed by a treating physician and to submit, upon request, to any procedure designed to test for alcohol or controlled substance use;
(7) Not associate with any person who has been convicted of a felony unless approved by the department of mental health;
(8) Not leave the state without permission of the department of mental health;
(9) Not have contact with specific persons, including but not limited to, the victim or victim's family, as directed by the department of mental health;
(10) Not have any contact with any child without specific approval by the department of mental health;
(11) Not possess material that is pornographic, sexually oriented, or sexually stimulating;
(12) Not enter a business providing sexually stimulating or sexually oriented entertainment;
(13) Submit to a polygraph, plethysmograph, or other electronic or behavioral monitoring or assessment;
(14) Submit to electronic monitoring which may be based on a global positioning system or other technology which identifies and records a person's location at all times;
(15) Attend and fully participate in assessment and treatment as directed by the department of mental health;
(16) Take all psychiatric medications as prescribed by a treating physician;
(17) Authorize the department of mental health to access and obtain copies of confidential records pertaining to evaluation, counseling, treatment, and other such records and provide the consent necessary for the release of any such records;
(18) Pay fees to the department of mental health and the department of corrections to cover the costs of services and monitoring;
(19) Report to or appear in person as directed by the department of mental health and the department of corrections, and to follow all directives of such departments;
(20) Comply with any registration requirements under sections 589.400 to 589.425; and
(21) Comply with any other conditions that the court determines to be in the best interest of the person and society.
4. The court shall provide a copy of the order containing the conditions of release to the person, the attorney general, the department of mental health, the head of the facility housing the person, and the department of corrections.
5. A person who is conditionally released and supervised by a probation and parole officer employed by the department of corrections remains under the control, care, and treatment of the department of mental health.
6. The court may modify conditions of release upon its own motion or upon the petition of the department of mental health, the department of corrections, or the person on conditional release.
7. The following provisions shall apply to violations of conditional release:
(1) If any probation and parole officer has reasonable cause to believe that a person on conditional release has violated a condition of release or that the person is no longer a proper subject for conditional release, the officer may issue a warrant for the person's arrest. The warrant shall contain a brief recitation of the facts supporting the officer's belief. The warrant shall direct any peace officer to take the person into custody immediately so that the person can be returned to a secure facility;
(2) If the director of the department of mental health or the director's designee has reasonable cause to believe that a person on conditional release has violated a condition of release or that the person is no longer a proper subject for conditional release, the director or the director's designee may request that a peace officer take the person into custody immediately, or request that a probation and parole officer or the court which ordered the release issue a warrant for the person's arrest so that the person can be returned to a secure facility;
(3) At any time during the period of a conditional release, the court which ordered the release may issue a notice to the released person to appear to answer a charge of a violation of the terms of the release and the court may issue a warrant of arrest for the violation. Such notice shall be personally served upon the released person. The warrant shall authorize the return of the released person to the custody of the court or to the custody of the director of mental health or the director's designee;
(4) No peace officer responsible for apprehending and returning the person to the facility upon the request of the director of the department of mental health or the director's designee or a probation and parole officer shall be civilly liable for apprehending or transporting such person to the facility so long as such duties were performed in good faith and without negligence;
(5) The department of mental health shall promptly notify the court that the person has been apprehended and returned to a secure facility;
(6) Within seven days of the person's return to a secure facility, the department of mental health must either request that the attorney general file a petition to revoke the person's conditional release or continue the person on conditional release;
(7) If a petition to revoke conditional release is filed, the person shall remain in custody until a hearing is held on the petition. The hearing shall be given priority on the court's docket. If upon hearing the evidence, the court finds by preponderance of the evidence that the person has violated a condition of release and that the violation of the condition was sufficient to render the person no longer suitable for conditional release, the court shall revoke the conditional release and order the person returned to a secure facility designated by the director of the department of mental health. If the court determines that revocation is not required, the court may modify or increase the conditions of release or order the person's release on the existing conditions of release;
(8) A person whose conditional release has been revoked may petition the court for subsequent release pursuant to sections 632.498, 632.501, and 632.504 no sooner than six months after the person's return to a secure facility.
8. The department of mental health may enter into agreements with the department of corrections and other departments and may enter into contracts with private entities for the purpose of supervising a person on conditional release.
9. The department of mental health and the department of corrections may require a person on conditional release to pay a reasonable fee to cover the costs of providing services and monitoring while the person is released. Each department may adopt rules with respect to establishing, waiving, collecting, and using fees. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.
10. In the event a person on conditional release escapes from custody, the department of mental health shall notify the court, the department of corrections, the attorney general, the chief law enforcement officer of the county or city not within a county from where the person escaped or absconded, and any other persons necessary to protect the safety of the public or to assist in the apprehension of the person. The attorney general shall notify victims and witnesses. Upon receiving such notice, the attorney general shall file escape from commitment charges under section 575.195.
11. When a person who has been granted conditional release under this section is being electronically monitored and remains in the county, city, town, or village where the facility is located that released the person, the department of corrections shall provide, upon request, the chief of the local law enforcement agency of such county, city, town, or village with access to the information gathered by the global positioning system or other technology used to monitor the person. This access shall include, but not be limited to, any user name or password needed to view any real-time or recorded information about the person, and any alert or message generated by the technology. The access shall continue while the person is being electronically monitored and is living in the county, city, town, or village where the facility that released the offender is located. The information obtained by the chief of the local law enforcement agency shall be closed and shall not be disclosed to any person outside the law enforcement agency except upon an order of the court supervising the conditional release.