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 authorize the person to petition the court for release. The petition shall be served upon the court that committed the person, the prosecutor of the jurisdiction into which the committed person is to be released, the director of the department of mental health, the head of the facility housing the person, and the attorney general. The hearing and trial, if any, shall be conducted according to the provisions of section 632.498.
Notes of Decisions
In Re Care & Treatment of Coffman, 225 S.W.3d 439 (Mo. 2007).
· cites it 4× “Section 632.501. The circuit court then holds a hearing where the state has the burden to show that the petitioner should not be released.”
Van Orden v. Schafer, 129 F. Supp. 3d 839 (E.D. Mo. 2015).
· cites it 6× “” Mo.Rev.Stat. § 632.501 (emphasis added). Defendants’ own expert and second-in-command to the director of the DMH, Dr.”
In re the Det. of Ambers, 160 Wash. 2d 543 (Wash. 2007).
“(emphasis added) (quoting Mo. Rev. Stat. § 632.501 (2000)). If the director does not find that the detainee’s condition has changed, the detainee may still petition the court but must make a prima facie showing at the preliminary hearing that he or she is “ ‘safe to be at large…”
Van Orden v. Stringer, 262 F. Supp. 3d 887 (E.D. Mo. 2017).
· cites it 2× “The Court concluded that the Director of the DMH had effectively abdicated his statutory duty under Mo. Rev. Stat. § 632.501 , which provides that “[i]f the director of the [DMH] determines that the person’s mental abnormality has so changed that the person is not likely to…”
In Re the Care & Treatment of Lieurance, 130 S.W.3d 693 (Mo. Ct. App. 2004).
· cites it 2× “Moreover, Appellant argues, under the CSP law Appellant can progress through a series of steps to lessen restrictions placed upon him — a “step down” process — that is denied him under his commitment as an SVP.”
Fogle v. State, 295 S.W.3d 504 (Mo. Ct. App. 2009).
· cites it 2× “Section 632.501 similarly provides for service of the petition on, inter alia, the Department and the facility head, when the petition is one for full release.”
In re: Matthew J. King v. State of Missouri, 571 S.W.3d 169 (Mo. Ct. App. 2019).
“” § 632.501. If, on the other hand, the Director determines that release of the offender is not warranted, the offender may nevertheless petition the court for release.”
Attorney Gen. v. Salcedo, 34 S.W.3d 862 (Mo. Ct. App. 2001).
· cites it 6× “Section 632.501 — another statute not heretofore discussed — authorizes the Director of the Department of Mental Health to allow the committed person to petition the court for release if the Director determines the person’s mental abnormality “has so changed that the person is…”
In Re Salcedo, 34 S.W.3d 862 (Mo. Ct. App. 2001).
· cites it 6× “Section 632.501another statute not heretofore discussedauthorizes the Director of the Department of Mental Health to allow the committed person to petition the court for release if the Director determines the person's mental abnormality "has so changed that the person is not…”
Blum v. Schmitt (E.D. Mo. 2021).
“§ 632.501. Alternatively, a resident may file their own petition for release without director approval.”
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