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 without the director's approval and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not so changed that the person was safe to be at large, then the court shall deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from committed persons without the director's approval, the court shall endeavor whenever possible to review the petition and determine if the petition is based upon frivolous grounds and if so shall deny the petition without a hearing.
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(L. 1998 H.B. 1405, et al. § 9, A.L. 2006 H.B. 1698, et al.)
In Re Care & Treatment of Coffman, 225 S.W.3d 439 (Mo. 2007). · cites it 16ד498 because he was denied a hearing under that statute by the circuit court's determination that his petition was frivolous.”
Care & Treatment of Schottel v. State, 121 S.W.3d 337 (Mo. Ct. App. 2003). · cites it 6דThe probate court entered judgment denying the Petition for Release without a full evidentiary hearing, as permitted by Section 632.504. 2 The court also denied the Motion to Withdraw Stipulation.”
Van Orden v. Stringer, 262 F. Supp. 3d 887 (E.D. Mo. 2017). “§ 632.504 ("Upon receipt of a first or subsequent petition from committed persons without the director’s approval, the court shall endeavor whenever possible to review the petition and determine if the petition is based on frivolous grounds and if so shall deny the petition…”
Van Orden v. Schafer, 129 F. Supp. 3d 839 (E.D. Mo. 2015). “§ 632.504. Moreover, if a petition filed without the director’s approval has been found to be frivolous or has been previously denied, the court must deny any subsequent petition “unless the petition contains facts upon which a court could find the condition of the petitioner…”
Attorney Gen. v. Salcedo, 34 S.W.3d 862 (Mo. Ct. App. 2001). · cites it 6דSection 632.504 — a third statute not heretofore discussed — -allows the court to deny a petition for discharge by the committed person without a hearing if the court finds the petition “is based upon frivolous grounds.”
In Re Salcedo, 34 S.W.3d 862 (Mo. Ct. App. 2001). · cites it 6דSection 632.504a third statute not heretofore discussedallows the court to deny a petition for discharge by the committed person without a hearing if the court finds the petition "is based upon frivolous grounds.”
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