Section 589.040

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 589

Effective - 28 Aug 2011   

  589.040.  Duties of department of corrections — certain inmates to participate in programs. — 1.  The director of the department of corrections shall develop a program of treatment, education and rehabilitation for all imprisoned offenders who are serving sentences for sexual assault offenses.  When developing such programs, the ultimate goal shall be the prevention of future sexual assaults by the participants in such programs, and the director shall utilize those concepts, services, programs, projects, facilities and other resources designed to achieve this goal.

  2.  All persons imprisoned by the department of corrections for sexual assault offenses shall be required to successfully complete the programs developed pursuant to subsection 1 of this section prior to being eligible for parole or conditional release.

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(L. 1980 H.B. 1138, et al. § 6, A.L. 1990 H.B. 974, A.L. 2011 H.B. 111 merged with S.B. 250)

(2001) As applied to habeas applicant sentenced prior to effective date of section, section is not an ex post facto law; program is not penal in nature but rehabilitative.  State ex rel. Nixon v. Pennoyer, 39 S.W.3d 521 (Mo.App.E.D.).

(2004) Sexual offender program has secular, narrowly tailored legislative purpose of preventing future sexual assaults by participants and does not violate federal or state constitutional provisions of non-establishment and free exercise of religion. Boone v. State, 147 S.W.3d 801 (Mo.App.E.D.).