Section 632.484

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

Effective - 28 Aug 2014, 3 histories   

  632.484.  Detention and evaluation of persons alleged to be sexually violent predators — duties of attorney general and department of mental health. — 1.  When the attorney general receives written notice from any law enforcement agency that a person, who has pled guilty to or been convicted of a sexually violent offense and who is not presently in the physical custody of an agency with jurisdiction has committed a recent overt act, the attorney general may file a petition for detention and evaluation with the probate division of the court in which the person was convicted, or committed pursuant to chapter 552, alleging the respondent may meet the definition of a sexually violent predator and should be detained for evaluation for a period of up to nine days.  If the person was convicted in another jurisdiction and the recent overt act was committed in this state, the attorney general may file the petition for detention and evaluation with the probate division of the court in the county of this state where the overt act was committed.  The written notice shall include the previous conviction record of the person, a description of the recent overt act, if applicable, and any other evidence which tends to show the person to be a sexually violent predator.  The attorney general shall provide notice of the petition to the prosecuting attorney of the county where the petition was filed.

  2.  Upon a determination by the court that the person may meet the definition of a sexually violent predator, the court shall order the detention and transport of such person to a secure facility to be determined by the department of mental health.  The attorney general shall immediately give written notice of such to the department of mental health.

  3.  Upon receiving physical custody of the person and written notice pursuant to subsection 2 of this section, the department of mental health shall, through either a psychiatrist or psychologist as defined in section 632.005, make a determination whether or not the person meets the definition of a sexually violent predator.  The department of mental health shall, within seven days of receiving physical custody of the person, provide the attorney general with a written report of the results of its investigation and evaluation.  The attorney general shall provide any available records of the person that are retained by the department of corrections to the department of mental health for the purposes of this section.  If the department of mental health is unable to make a determination within seven days, the attorney general may request an additional detention of ninety-six hours from the court for good cause shown.

  4.  If the department determines that the person may meet the definition of a sexually violent predator, the attorney general shall provide the results of the investigation and evaluation to the prosecutors' review committee.  The prosecutors' review committee shall, by majority vote, determine whether or not the person meets the definition of a sexually violent predator within twenty-four hours of written notice from the attorney general's office.  If the prosecutors' review committee determines that the person meets the definition of a sexually violent predator, the prosecutors' review committee shall provide written notice to the attorney general of its determination.  The attorney general may file a petition pursuant to section 632.486 within forty-eight hours after obtaining the results from the department.

  5.  For the purposes of this section "recent overt act" means any act that creates a reasonable apprehension of harm of a sexually violent nature.

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(L. 1999 H.B. 852, A.L. 2006 H.B. 1698, et al., A.L. 2007 S.B. 613 Revision, A.L. 2014 S.B. 621)