☰ Revisor of Missouri

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

< > Effective - 28 Aug 2023, 2 histories    bottom

  632.350.  Conduct of hearing — jury question — result. — 1.  The hearing for a ninety-day inpatient detention and treatment period or for outpatient detention and treatment for a period not to exceed one hundred eighty days shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the respondent.  If a jury trial is not requested, due consideration shall be given by the court to holding a hearing at the mental health program.  The hearing shall be held in accordance with the provisions set forth in section 632.335.

  2.  The burden of proof at the hearing shall be by clear and convincing evidence and shall be upon the petitioner.

  3.  If the matter is tried before a jury, the jury shall determine and shall be instructed only upon the issues of whether or not the respondent is mentally ill and, as a result, presents a likelihood of serious harm to himself or herself or others.  The remaining procedures for the jury trial shall be as in other civil matters.

  4.  The respondent shall not be required to file an answer or other responsive pleading.

  5.  At the conclusion of the hearing, if the court or jury finds that the respondent, as the result of mental illness, presents a likelihood of serious harm to himself or herself or to others, and the court finds that a program appropriate to handle the respondent's condition has agreed to accept him or her, the court shall order the respondent to be detained for involuntary treatment in the least restrictive environment for a period not to exceed ninety days or for outpatient detention and treatment under the supervision of a mental health program in the least restrictive environment for a period not to exceed one hundred eighty days.

­­--------

(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2023 S.B. 106)


---- end of effective  28 Aug 2023 ----

use this link to bookmark section  632.350


 - All versions
Effective End
632.350 8/28/2023
632.350 8/28/1996 8/28/2023

Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House