Title XL — ADDITIONAL EXECUTIVE DEPARTMENTS

632.312. Transportation costs, sheriff may be reimbursed. — Notwithstanding the provisions of section 105.452 to the contrary, a sheriff may receive reimbursement for the actual costs of transporting a person to and from a mental health facility pursuant to chapter 632 from a pub…

632.315. Copies of admission application to be furnished. — Any mental health facility accepting a respondent pursuant to section 632.310 shall be furnished a copy of the application for initial detention and evaluation. If a person is involuntarily detained in a mental health fa…

632.320. Time limits for certain procedures. — 1. Within three hours of the time at which the respondent arrives at a mental health facility he or she shall: (1) Be seen by a mental health professional or registered professional nurse; and (2) Be given a copy of the application f…

632.325. Information to be furnished to patient and others, when. — If the respondent is accepted for evaluation or for evaluation and treatment pursuant to this chapter, he or she shall be advised, orally and in writing, of the information contained in subdivisions (1) through (…

632.330. Additional detention and treatment may be requested — contents of petition. — 1. At the expiration of the ninety-six-hour period, the respondent may be detained and treated involuntarily for an additional two judicial days only if the head of the mental health facility h…

632.335. Court procedures relating to continued detention or outpatient detention and treatment — continued detention may be ordered — patient's rights relating thereto. — 1. The petition for additional inpatient detention and treatment not to exceed twenty-one days or the petiti…

632.337. Immediate inpatient detention during court-ordered outpatient detention and treatment, procedure. — 1. When the court has ordered up to one hundred eighty days of outpatient detention and treatment pursuant to section 632.335 or 632.350 or 632.355, and the supervisory me…

632.340. Further additional detention or outpatient detention and treatment may be requested — hearing to be held, when — treatment plan to be presented. — 1. Before the expiration of the twenty-one-day inpatient detention and treatment period ordered pursuant to section 632.335,…

632.345. Physician or licensed psychologist to be appointed, qualifications — detention to be continued, how long. — 1. If requested by the respondent, the court shall appoint an available licensed physician or licensed psychologist to examine him or her and testify at the respon…

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 consi…

632.355. Additional detention or period of outpatient detention and treatment may be ordered, when. — 1. At the expiration of the ninety-day inpatient commitment period ordered by the court pursuant to section 632.350, the respondent may be detained and treated as an involuntaril…

632.360. Discharge of patient, when — procedure. — At the end of any detention period ordered by the court under this chapter, the respondent shall be discharged unless a petition for further detention is filed and heard in the same manner as provided herein. Successive one-year …

632.365. Where detention to take place. — Notwithstanding any other provision of the law to the contrary, whenever a court orders a person detained for involuntary treatment in a mental health program operated by the department, the order of detention shall be to the custody of t…

632.370. Transfer of patient by department, procedure — transfer to federal facility, notice, restrictions. — 1. The department may transfer, or authorize the transfer of, an involuntary patient detained under this chapter, chapter 211, chapter 475, or chapter 552 from one mental…

632.375. Patient to be evaluated, when — report to certain persons — court may consider continuation of detention. — 1. At least once every one hundred eighty days, the head of each mental health program shall have each respondent who is detained at the program for a one-year per…

632.380. Provisions of chapter not to apply to certain persons. — Persons with an intellectual disability or a developmental disability or who are senile or impaired by alcoholism or drug abuse shall not be detained judicially under this chapter, unless they are also mentally ill…

632.385. Patient to be placed outside facility, when — conditions — duration — furloughs — modification of orders — notice requirements. — 1. The head of a mental health facility shall release a patient, whether voluntary or involuntary, from the facility to the least restrictive…

632.390. Head of program to release certain patients — notification to interested parties — involuntary patient may become voluntary, notification to interested parties. — 1. The head of a mental health program shall release any person who is involuntarily detained under this cha…

632.392. Release of patient involuntarily detained, duties of department — educational materials — disclosure of confidential information — care provider defined. — 1. Notwithstanding the provisions of subsection 1 of section 630.140, a mental health program and any treating phys…

632.395. Court may order transfer of custody to federal facility, when — head of federal facility to be successor administrator — court to retain jurisdiction — orders from courts of other states to be observed in this state. — 1. If an individual ordered to be involuntarily deta…

632.400. Reexamination of detained person. — Any respondent ordered detained for ninety-day or one-year periods of involuntary inpatient treatment or ordered detained for a period of up to one hundred eighty days of outpatient detention and treatment under this chapter shall be e…

632.405. Prosecutor's duties. — It shall be the duty of the prosecuting attorney of the county wherein a hearing described under this chapter takes place to represent the petitioner and to file and prosecute in court all petitions for detention, evaluation and treatment pursuant …

632.410. Venue — change of jurisdiction. — Venue for proceedings for involuntary detentions pursuant to the provisions of this chapter shall be in the court having probate jurisdiction in the county in which the mental health program is located wherein the respondent is detained;…

632.415. Court to maintain register of attorneys available to represent patients — state to pay certain attorney's fees. — 1. The judge having probate jurisdiction in each county where a mental health program is located shall prepare and maintain a current register of attorneys w…

632.420. Certain examining physicians to be paid by state. — The court having probate jurisdiction in appointing licensed physicians pursuant to section 632.345 shall choose, if available, physicians who have agreed to serve without fee or physicians paid by any private or public…

632.425. Physician-patient, psychologist-patient privileges waived in detention proceedings. — The physician-patient privilege recognized by section 491.060 and the psychologist-patient privilege recognized by section 337.055 shall be deemed waived in detention proceedings under …

632.430. Appeals — to have priority — attorney general to be notified and to represent state. — 1. Appeals from court orders made under this chapter may be made by the respondent or by the petitioner to the appropriate appellate court pursuant to the rules of civil procedure of t…

632.435. Habeas corpus. — Any person detained under this chapter shall be entitled to apply for a writ of habeas corpus. ­­-------- (L. 1980 H.B. 1724) CROSS REFERENCE: Alcohol and drug abuse detention, right of application for writ of habeas corpus, 631.175

632.440. No liability for health care professionals, public officials and certain peace officers. — No officer of a public or private agency, mental health facility or mental health program; no head, attending staff or consultant of any such agency, facility or mental health prog…

632.445. No liability for petitioners. — No person making or filing an application alleging that a person should be involuntarily detained, certified or committed, treated or evaluated pursuant to this chapter shall be rendered civilly or criminally liable if the application was …

632.450. Representation by attorney required — duties of attorney. — 1. An attorney shall be appointed to represent the respondent in all judicial proceedings under this chapter, including appeal, unless relieved by the courts for good cause shown. 2. The attorneys shall personal…

632.455. Patient, absent without permission, return may be requested, when. — 1. If requested to do so by the head of a mental health program, the sheriff of the county where a patient absent without authorization is found shall apprehend and return him or her to the program. 2. …

632.475. Sexual psychopaths committed before August 13, 1980, effect — application for release, hearing procedure — law officers to be given notice of probation or discharge. — 1. Persons committed to the department as criminal sexual psychopaths under statutes in effect before A…

632.480. Definitions. — As used in sections 632.480 to 632.513, the following terms mean: (1) "Agency with jurisdiction", the department of corrections or the department of mental health; (2) "Mental abnormality", a congenital or acquired condition affecting the emotional or voli…

632.483. Notice to attorney general, when — contents of notice — immunity from liability, when — multidisciplinary team established — prosecutors' review committee established. — 1. When it appears that a person may meet the criteria of a sexually violent predator, the agency wit…

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…

632.486. Petition filed by attorney general, when — copy of multidisciplinary team's assessment to be filed with petition. — When it appears that the person presently confined may be a sexually violent predator and the prosecutor's review committee appointed as provided in subsec…

632.489. Probable cause determined — sexually violent predator taken into custody, when — hearing, procedure — examination by department of mental health. — 1. Upon filing a petition pursuant to section 632.484 or 632.486, the judge shall determine whether probable cause exists t…

632.492. Trial — procedure — assistance of counsel, right to jury, when. — Within sixty days after the completion of any examination held pursuant to section 632.489, the court shall conduct a trial to determine whether the person is a sexually violent predator. The trial may be …

632.495. Unanimous verdict required — offender committed to custody of department of mental health, when — contracting with county jails, when — release, when — mistrial procedures. — 1. The court or jury shall determine whether, by clear and convincing evidence, the person is a …

632.498. Annual examination of mental condition, not required, when — annual review by the court — petition for release, hearing, procedures (when director disapproves). — 1. Each person committed pursuant to sections 632.480 to 632.513 shall have a current examination of the per…

632.501. Petition for release — hearing (when director approves). — If the director of the department of mental health determines that the person's mental abnormality has so changed that the person is not likely to commit acts of sexual violence if released, the director shall au…

632.504. Subsequent petitions for release — approval or denial procedures. — Nothing in sections 632.480 to 632.513 shall prohibit a person from filing a petition for release pursuant to sections 632.480 to 632.513. However, if a person has previously filed a petition for release…

447.638. Restoration of possession, compensation. — 1. Upon determination by a court or jury that the person's mental abnormality has so changed that the person is not likely to commit acts of sexual violence if released, the court shall place the person on conditional release pu…

632.507. Attorney general to inform victims — notification of proceedings. — 1. The attorney general shall in a timely manner inform victims of a sexually violent offense committed by a person: (1) That a written notice has been given by the agency with jurisdiction to the attorn…

632.510. Release of information, when. — In order to protect the public, relevant information and records which are otherwise confidential or privileged shall be released to the agency with jurisdiction or the attorney general for the purpose of meeting the notice requirement pro…

632.513. Sealed records of proceedings — access permitted, when. — Any psychological reports, drug and alcohol reports, treatment records, medical records or victim impact statements which have been submitted to the court or admitted into evidence pursuant to sections 632.480 to …

632.520. Offender committing violence against an employee--definitions--penalty--damage of property, violation, penalty. — 1. For purposes of this section, the following terms mean: (1) "Employee of the department of mental health", a person who is an employee of the department o…

632.525. Abrogation of case law, sexually violent offense definition. — It is the intent of the legislature to reject and abrogate earlier case law interpretations on the meaning of or definition of "sexually violent offense" to include, but not be limited to, holdings in: Robert…

632.550. Definitions. — As used in sections 632.550 to 632.557, the following terms mean: (1) "Board", the governing board established in section 632.555; (2) "Child", a person under the age of eighteen years; (3) "Demonstration project", the project established in section 632.55…