Section 15.35 Unconditional or Conditional Release From State Mental Hospital, Hearings, and Escape—Procedures for Release

• Library: Criminal Practice 2012 Supp

E. (§15.35) Unconditional or Conditional Release From State Mental Hospital, Hearings, and Escape—Procedures for Release

Section 552.040, RSMo 2000, sets out the procedures for conditional and unconditional release of a committed person.

Section 552.040.15 provides the procedures for trial releases up to 96 hours for a previously committed person.

Section 552.040.19 provides as follows:

The head of a mental health facility, upon any notice that a committed person has escaped confinement, or left the facility or its grounds without authorization, shall immediately notify the prosecutor and sheriff of the county wherein the committed person is detained of the escape or unauthorized leaving of grounds and the prosecutor and sheriff of the county where the person was tried and acquitted.

The trial court in McKee v. State, 923 S.W.2d 525 (Mo. App. W.D. 1996), in denying the petitioner’s application for conditional release, made the following findings: “Court finds that Petitioner’s release would not be dangerous to others, but the Petitioner, if released, would not be able to conform his conduct to the requirements of the law. Conditional release denied.” Id. (emphasis added).

The court of appeals amended the trial court’s order to read: “Court finds that Petitioner’s release would be dangerous to others because he would be unable to conform his conduct to the requirements of the law. Conditional release denied.” Id.

The court of appeals reasoned that, because the trial court found that the petitioner was incapable of conforming his conduct to the requirements of the law, he was dangerous to others.

In State v. Weekly, 107 S.W.3d 340 (Mo. App. W.D. 2003), the defendant filed an application for unconditional release. At the hearing, the only witness, a psychiatrist, testified that Mr. Weekly...