Missouri Revised Statutes

Mo. Rev. Stat. § 552.060 (2026)

Mental disease or defect upon sentence to death

✓ current as of May 2026

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552.060. Mental disease or defect upon sentence to death. — 1. No person condemned to death shall be executed if as a result of mental disease or defect he lacks capacity to understand the nature and purpose of the punishment about to be imposed upon him or matters in extenuation, arguments for executive clemency or reasons why the sentence should not be carried out.

2. If the director of the department of corrections has reasonable cause to believe that any inmate then in confinement in a correctional facility and sentenced to death has a mental disease or defect excluding fitness for execution, he shall immediately notify the governor who shall forthwith order a stay of execution of the sentence if there is not sufficient time between such notification and time of execution for a determination of the mental condition of such person to be made in accordance with the provisions of this section without such stay. The director shall also, as soon as reasonably possible, notify the director of the department of mental health and the prosecuting or circuit attorney of the county where the defendant was tried, the attorney general and the circuit court of the county where the correctional facility is located.

3. As soon as reasonably possible, after the notification prescribed in subsection 2 of this section, the circuit court of the county shall conduct an inquiry into the mental condition of the offender after first granting any of the parties entitled to notification an examination by a physician of their own choosing on proper application made within five days of such notification.

4. If the court, after such inquiry, certifies to the governor and to the director that the prisoner does not have a mental disease or defect of the type referred to in subsection 1 of this section, the governor shall fix a new date for the execution, if a stay of execution had previously been made, and shall issue a warrant for the new execution date to the chief administrative officer of the correctional facility, who shall then proceed with the execution as ordered. If the court, after such inquiry, certifies to the governor and to the director that the prisoner has a mental disease or defect of the type referred to in subsection 1 of this section, the offender shall not be executed but shall be held in the correctional facility subject to transfer to a mental hospital and further proceedings under section 552.050 if the provisions of section 552.050 are applicable. If any offender who has not been executed because of any certification by the director as herein provided is thereafter certified by the director as free of a mental disease or defect of the type referred to in subsection 1 of this section, the governor shall fix a new date for the execution and shall issue a warrant for the new execution date to the chief administrative officer of the correctional facility, who shall then take charge and custody of the offender and proceed with the execution as ordered in the warrant.

5. Nothing in this chapter shall be construed to limit the governor or any court in the exercise of any of their powers in any other manner under the law or Constitution of Missouri.

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(L. 1963 p. 674 § 6, A.L. 1989 H.B. 408)

Notes of Decisions

Cited in 17 cases, 1985–2020 · leading case: STATE Ex Rel. John C. MIDDLETON, Petitioner, v. TERRY RUSSELL, Respondent, 435 S.W.3d 83 (Mo. 2014).

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STATE Ex Rel. John C. MIDDLETON, Petitioner, v. TERRY RUSSELL, Respondent, 435 S.W.3d 83 (Mo. 2014). · cites it 26× “060 Second, I believe Middleton has raised grave concerns regarding the constitutionality of section 552.060, RSMo 2000. Section 552.060 governs the procedure for determining whether a condemned prisoner is competent to be executed.”

Ford v. Wainwright, 477 U.S. 399 (1986). · cites it 4× “1985); Mo. Rev. Stat. § 552.060 (1978); Mont. Code Ann.”

Goodwin v. State, 191 S.W.3d 20 (Mo. 2006). · cites it 4× “[9] Goodwin may pursue relief under section 552.060. [1] Rule 29.15(a) provides: "Nature of RemedyRules of Civil Procedure Apply.”

Van Tran v. State, 6 S.W.3d 257 (Tenn. 1999). · cites it 4× “§ 99-19-57 (1994); Mo.Rev.Stat. § 552.060 (Supp.1999); N.Y. Correct.”

In Re the Competency of Parkus, 219 S.W.3d 250 (Mo. 2007). · cites it 6× “It then treated Parkus’ filings as a petition for a writ of mandamus to decide Parkus’ mental fitness for execution (which had been pending without decision since 2000) and ordered the circuit court also to finally determine whether Parkus had a mental disease or defect pursuant…”

State ex rel. Andre Cole v. Cindy Griffith, Warden, Potosi Corr. Ctr., 460 S.W.3d 349 (Mo. 2015). · cites it 4× “Similarly, section 552.060 does not limit this Court’s ability to consider all the evidence before it when a prisoner raises a claim under the statute.”

State v. Harris, 789 P.2d 60 (Wash. 1990). · cites it 2× “1985); Mo. Rev. Stat. § 552.060 (1) (1978); Utah Code Ann.”

Shaw v. Delo, 762 F. Supp. 853 (E.D. Mo. 1991). · cites it 9× “This Court stayed that motion to allow Shaw to pursue a state determination of his competency pursuant to Mo.Rev.Stat. § 552.060 (1986). [2] Subsequently, on December 12, 1988, this Court adopted the Magistrate's Report and Recommendation finding petitioner competent to be…”

State v. Miller, 220 S.W.3d 862 (Mo. Ct. App. 2007). “050; (5) To determine whether a person condemned to death shall be executed as provided in sections 552.060 and 552.070; (6) To determine whether or not the defendant, if found guilty, should be sentenced to death as provided in chapter 558, RSMo; (7) To determine the…”

Shaw v. State, 686 S.W.2d 513 (Mo. Ct. App. 1985). “It is not clearly erroneous for the trial court to decline to allow a competency hearing under § 552.060 in this Rule 27.26 proceeding. Rule 27.”

State v. Boyd, 143 S.W.3d 36 (Mo. Ct. App. 2004). “050; (5) To determine whether a person condemned to death shall be executed as provided in sections 552.060 and 552.070; (6) To determine whether or not the defendant, if found guilty, should be sentenced to death as provided in chapter 558, RSMo; (7) To determine the…”

Billiot v. Epps, 671 F. Supp. 2d 840 (S.D. Miss. 2009). “2009); Mo.Rev.Stat. § 552.060(1) (Westlaw 2009); Mont.”

Show all 17 citing cases →

— Mo. Rev. Stat. § 552.060(1) — 3 cases

Van Tran v. State, 6 S.W.3d 257 (Tenn. 1999). “§ 99-19-57 (1994); Mo.Rev.Stat. § 552.060 (Supp.1999); N.Y. Correct.”

Billiot v. Epps, 671 F. Supp. 2d 840 (S.D. Miss. 2009). “2009); Mo.Rev.Stat. § 552.060(1) (Westlaw 2009); Mont.”

Provenzano v. State, 760 So. 2d 137 (Fla. 2000).

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