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 August 13, 1980, shall remain committed under those statutes, except as provided in this section.
2. At any time after commitment, a written application setting forth facts showing that the person committed as a criminal sexual psychopath has improved to the extent that his release will not be incompatible to the welfare of society may be filed with the committing court. The court shall issue an order returning the person to the jurisdiction of the court for a hearing. This hearing shall in all respects be like the original hearing under the statutes in effect before August 13, 1980, to determine the mental condition of the defendant. Following the hearing, the court shall issue an order to cause the defendant either to be placed on probation for a minimum period of three years, or to be returned to the department to continue his commitment; except that upon the expiration of the probationary period and after further hearing by the court, the person may be discharged. When the defendant is placed on probation or discharged, notice of such action shall be given immediately to the law enforcement authorities of the city and county of residence of the defendant, and the city and county where the defendant is to be released.
Notes of Decisions
In Re the Care & Treatment of Van Orden, 271 S.W.3d 579 (Mo. 2008).
· cites it 8× “To qualify for commitment as a sexually violent predator, the person must have either pleaded guilty or been found guilty by reason of a mental disease or defect of a sexually violent offense or have been committed as a criminal psychopath pursuant to section 632.475. Section…”
Care & Treatment of Barlow v. State, 114 S.W.3d 328 (Mo. Ct. App. 2003).
· cites it 8× “§ 632.475, RSMo. When the legislature adopted the SVP Act in 1998, it provided for the possibility that an individual committed as a criminal sexual psychopath could be adjudicated a sexually violent predator.”
Care & Treatment of Murrell v. State, 215 S.W.3d 96 (Mo. 2007).
· cites it 4× “030, RSMo, of a sexually violent offense;" or to have "been committed as a criminal sexual psychopath pursuant to section 632.475 and statutes in effect before August 13, 1980.”
Holtcamp v. State, 259 S.W.3d 537 (Mo. 2008).
· cites it 4× “Subdivisions (2) and (3) permit notice to be sent "[a]t any time prior to the release of a person who has been found not guilty by reason of mental disease or defect of a sexually violent offense" or "[a]t any time prior to the release of a person who was committed as a criminal…”
In Re the Care & Treatment of Lieurance, 130 S.W.3d 693 (Mo. Ct. App. 2004).
· cites it 6× “Enacted at the same time was Section 632.475, a transitional provision which provided for the continued commitment of persons previously committed under the repealed CSP law, as well as a procedure whereby those persons could petition for release.”
In Re the Care & Treatment of Cokes, 107 S.W.3d 317 (Mo. Ct. App. 2003).
· cites it 3× “030, RSMo, of a sexually violent offense; or (b) Has been committed as a criminal sexual psychopath pursuant to section 632.475, RSMo, and statutes in effect before August 13,1980.”
Care & Treatment of Morgan v. State, 176 S.W.3d 200 (Mo. Ct. App. 2005).
· cites it 3× “030, RSMo, of a sexually violent offense; or (b) Has been committed as a criminal sexual psychopath pursuant to section 632.475, RSMo, and statutes in effect before August 13,1980.”
Care & Treatment of Wadleigh v. State, 145 S.W.3d 434 (Mo. Ct. App. 2004).
· cites it 3× “030, RSMo, of a sexually violent offense; or (b) Has been committed as a criminal sexual psychopath pursuant to section 632.475, RSMo, and statutes in effect before August 13, 1980.”
In Re the Care & Treatment of Coffel, 117 S.W.3d 116 (Mo. Ct. App. 2003).
· cites it 2× “030, RSMo, of a sexually violent offense; or (b) has been committed as a criminal sexual psychopath pursuant to section 632.475 and statutes in effect before August 13, 1980.”
Care & Treatment of Barlow v. State, 250 S.W.3d 725 (Mo. Ct. App. 2008).
· cites it 2× “480(5), in relevant part, defines a “sexually violent predator” 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: [[Image here]] (b) Has…”
Amonette v. State, 98 S.W.3d 593 (Mo. Ct. App. 2003).
· cites it 2× “030 of a sexually violent offense; or (b) Has been committed as a criminal sexual psychopath pursuant to Section 632.475 and statutes in effect before August 13,1980.”
In Re the Care & Treatment of Burgess, 147 S.W.3d 822 (Mo. Ct. App. 2004).
· cites it 2× “030, RSMo, of a sexually violent offense; or (b) Has been committed as a criminal sexual psychopath pursuant to section 632.475 and statutes in effect before August 13,1980.”
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