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 subsection 5 of section 632.483 has determined by a majority vote, that the person meets the definition of a sexually violent predator, the attorney general may file a petition, in the probate division of the circuit court in which the person was convicted, or committed pursuant to chapter 552, within forty-five days of the date the attorney general received the written notice by the agency with jurisdiction as provided in subsection 1 of section 632.483, alleging that the person is a sexually violent predator and stating sufficient facts to support such allegation. A copy of the assessment of the multidisciplinary team must be filed with the petition.
Notes of Decisions
Care & Treatment of Kirk v. State, 520 S.W.3d 443 (Mo. 2017).
· cites it 5× “Section 632.486 sets forth the preconditions for the Attorney General to file a civil commitment petition under the SVPA.”
Holtcamp v. State, 259 S.W.3d 537 (Mo. 2008).
· cites it 6× “Section 632.486. [4] Standard of review Holtcamp presents a question of law: whether the court had jurisdiction to determine if he was a sexually violent predator.”
In Re the Care & Treatment of Norton, 123 S.W.3d 170 (Mo. 2004).
· cites it 4× “Norton's due process right to the assistance of counsel vested at the time the Attorney General filed a petition with the probate division pursuant to section 632.486. This initiated the "proceedings" pursuant to sections 632.”
State ex rel. State v. Parkinson, 280 S.W.3d 70 (Mo. 2009).
· cites it 4× “Both assessments were presented to the attorney general, who determined pursuant to section 632.486 that Mr. Closser may be an SVP and filed a petition for his civil commitment.”
Whitnell v. State, 129 S.W.3d 409 (Mo. Ct. App. 2004).
· cites it 3× “On October 10, 2000, the State of Missouri (“state”) filed a petition to civilly commit Whitnell as a sexually violent predator (“SVP”) under section 632.486 RSMo 2000. 1 The matter was tried before a jury in the probate division of the Circuit Court of Washington County on…”
In re Braddy, 559 S.W.3d 905 (Mo. 2018).
· cites it 3× “4 The State subsequently filed a petition in the Iron County circuit court pursuant to section 632.486, RSMo Supp. 2001, requesting Mr.”
Care & Treatment of Barlow v. State, 114 S.W.3d 328 (Mo. Ct. App. 2003).
· cites it 4× “§ 632.486, RSMo 2002 Cum.Supp. A trial is then held to determine whether the person is a sexually violent predator.”
Johnson v. State, 58 S.W.3d 496 (Mo. 2001).
· cites it 2× “On March 30, 1999, pursuant to section 632.486, 2 the state filed a petition initiating proceedings to find that Johnson is a sexually violent predator.”
Derby v. State, 557 S.W.3d 355 (Mo. Ct. App. 2018).
· cites it 4× “" The end-of-confinement evaluation is requested by the agency with jurisdiction, usually the DOC, when it is determined a person may meet the criteria of a sexually violent predator and will soon be released from custody.”
Morales v. State, 104 S.W.3d 432 (Mo. Ct. App. 2003).
· cites it 2× “Section 632.486. The judge then has to determine if there is probable cause to believe that the person named in the attorney general’s petition is a sexually violent predator, and if such determination is made, the person is taken into custody.”
Care & Treatment of Boone v. State, 147 S.W.3d 801 (Mo. Ct. App. 2004).
· cites it 3× “Louis County, after a jury in the probate division found Boone to be a sexually violent predator (“SVP”) under section 632.486 RSMo 2000. 1 We affirm. On September 24, 1993, Boone was convicted of rape and was sentenced to eight years imprisonment.”
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