Section 62 Overview of Process

• Library: Civil Commitments 2011

An SVP is defined as:

any person who suffers from a mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence if not confined in a secure facility and who:

(a) Has pled guilty or been found guilty, or been found not guilty by reason of mental disease or defect . . ., of a sexually violent offense; or

(b) Has been committed as a criminal sexual psychopath . . . .

Section 632.480(5), RSMo Supp. 2008. A mental abnormality is “a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses in a degree constituting such person a menace to the health and safety of others.” Section 632.480(2). Predatory acts are defined as “acts directed towards individuals, including family members, for the primary purpose of victimization.” Section 632.480(3).

The Missouri Department of Corrections (DOC) must notify the Attorney General (AG) and a multidisciplinary team (established by the act)
of any person who DOC believes meets the criteria of an SVP within
360 days before that person’s release from prison or as soon as practical if a person serves less than 180 days as a result of a revocation of
post-release supervision. Section 632.483.1(1), RSMo Supp. 2008. Likewise, the Missouri Department of Mental Health (DMH) must notify the AG and the multidisciplinary team of any person to be released from its custody that DMH believes meets the criteria of an SVP. Section 632.483.1(2) and (3).

The multidisciplinary team must make a recommendation to the AG within 30 days, and this recommendation is reviewed...