Mental illness during service of sentence, proceedings relatingthereto.
552.050. 1. If the chief administrative officer of anycorrectional facility has reasonable cause to believe that anyoffender needs care in a mental hospital, he shall so certify tothe division of classification and treatment, which shall thentransfer the offender to a state mental hospital for custody,care and treatment. The hospital may detain and treat theoffender for a period of time not to exceed ninety-six hours.At the expiration of the ninety-six hours, the offender shall bereturned to a correctional facility designated by the departmentof corrections unless the individual admits himself as avoluntary patient or the mental health coordinator or head ofthe facility files for involuntary detention and treatmentpursuant to chapter 632, RSMo. The petition filed pursuant tosection 632.330, RSMo, shall be filed in the court havingprobate jurisdiction over the mental health facility in whichthe offender is being detained. The offender shall have therights afforded respondents in sections 632.330 and 632.335,RSMo, except that at the conclusion of the hearing on thepetition the court may order the offender detained for a periodof time not to exceed ninety days. At the expiration of theninety-day commitment period ordered by the court, the offendermay be detained and treated involuntarily for up to anadditional one year under sections 632.355 and 632.360, RSMo.
2. When an offender needs care in a mental hospital and iscommitted or transferred to a state mental hospital, the timespent at the mental hospital shall be calculated as a part ofthe sentence imposed upon him whether the sentence is anindeterminate one or for a definite period of time. The timespent at the mental hospital shall be deducted from the term ofthe sentence.
3. When an offender who has been transferred from acorrectional facility to a state mental hospital recovers beforethe expiration of his sentence, the superintendent of thehospital shall so certify in writing to the division ofclassification and treatment. He shall thereupon be transferredto such correctional facility as the department may direct.
4. An offender who has been committed to or transferred toa state mental hospital and is still mentally ill at theexpiration of his sentence may be discharged and delivered toany person who is able and willing to maintain him comfortablyand to the satisfaction of the superintendent of the hospital,if, in the opinion of the superintendent, it is reasonably safefor the person to be at large. Before discharging the offenderthe superintendent shall receive verification of the expirationof the offender's sentence from the director of corrections.The person so discharged may, in the discretion of thesuperintendent, be provided with the whole or a portion of theallowances granted to discharged prisoners by section 217.285,RSMo. The cost of such allowance shall be paid from the samefunds as are allowances granted to persons discharged directlyfrom a correctional facility.
5. When the term of an offender who has been committed ortransferred to a state mental hospital has expired and theperson, in the opinion of the hospital superintendent, is stillin need of care in a mental hospital and for the welfare andsafety of himself and others should remain in the hospital forcustody, care and treatment, he shall be retained in thehospital only if proper involuntary detention proceedings havebeen instituted and held as provided in chapter 632, RSMo.Thereafter this chapter and no other shall be applicable to hiscontinued hospitalization and discharge.
Mental illness during service of sentence, proceedings relatingthereto.
552.050. 1. If the chief administrative officer of anycorrectional facility has reasonable cause to believe that anyoffender needs care in a mental hospital, he shall so certify tothe division of classification and treatment, which shall thentransfer the offender to a state mental hospital for custody,care and treatment. The hospital may detain and treat theoffender for a period of time not to exceed ninety-six hours.At the expiration of the ninety-six hours, the offender shall bereturned to a correctional facility designated by the departmentof corrections unless the individual admits himself as avoluntary patient or the mental health coordinator or head ofthe facility files for involuntary detention and treatmentpursuant to chapter 632, RSMo. The petition filed pursuant tosection 632.330, RSMo, shall be filed in the court havingprobate jurisdiction over the mental health facility in whichthe offender is being detained. The offender shall have therights afforded respondents in sections 632.330 and 632.335,RSMo, except that at the conclusion of the hearing on thepetition the court may order the offender detained for a periodof time not to exceed ninety days. At the expiration of theninety-day commitment period ordered by the court, the offendermay be detained and treated involuntarily for up to anadditional one year under sections 632.355 and 632.360, RSMo.
2. When an offender needs care in a mental hospital and iscommitted or transferred to a state mental hospital, the timespent at the mental hospital shall be calculated as a part ofthe sentence imposed upon him whether the sentence is anindeterminate one or for a definite period of time. The timespent at the mental hospital shall be deducted from the term ofthe sentence.
3. When an offender who has been transferred from acorrectional facility to a state mental hospital recovers beforethe expiration of his sentence, the superintendent of thehospital shall so certify in writing to the division ofclassification and treatment. He shall thereupon be transferredto such correctional facility as the department may direct.
4. An offender who has been committed to or transferred toa state mental hospital and is still mentally ill at theexpiration of his sentence may be discharged and delivered toany person who is able and willing to maintain him comfortablyand to the satisfaction of the superintendent of the hospital,if, in the opinion of the superintendent, it is reasonably safefor the person to be at large. Before discharging the offenderthe superintendent shall receive verification of the expirationof the offender's sentence from the director of corrections.The person so discharged may, in the discretion of thesuperintendent, be provided with the whole or a portion of theallowances granted to discharged prisoners by section 217.285,RSMo. The cost of such allowance shall be paid from the samefunds as are allowances granted to persons discharged directlyfrom a correctional facility.
5. When the term of an offender who has been committed ortransferred to a state mental hospital has expired and theperson, in the opinion of the hospital superintendent, is stillin need of care in a mental hospital and for the welfare andsafety of himself and others should remain in the hospital forcustody, care and treatment, he shall be retained in thehospital only if proper involuntary detention proceedings havebeen instituted and held as provided in chapter 632, RSMo.Thereafter this chapter and no other shall be applicable to hiscontinued hospitalization and discharge.
Mental illness during service of sentence, proceedings relatingthereto.
552.050. 1. If the chief administrative officer of anycorrectional facility has reasonable cause to believe that anyoffender needs care in a mental hospital, he shall so certify tothe division of classification and treatment, which shall thentransfer the offender to a state mental hospital for custody,care and treatment. The hospital may detain and treat theoffender for a period of time not to exceed ninety-six hours.At the expiration of the ninety-six hours, the offender shall bereturned to a correctional facility designated by the departmentof corrections unless the individual admits himself as avoluntary patient or the mental health coordinator or head ofthe facility files for involuntary detention and treatmentpursuant to chapter 632, RSMo. The petition filed pursuant tosection 632.330, RSMo, shall be filed in the court havingprobate jurisdiction over the mental health facility in whichthe offender is being detained. The offender shall have therights afforded respondents in sections 632.330 and 632.335,RSMo, except that at the conclusion of the hearing on thepetition the court may order the offender detained for a periodof time not to exceed ninety days. At the expiration of theninety-day commitment period ordered by the court, the offendermay be detained and treated involuntarily for up to anadditional one year under sections 632.355 and 632.360, RSMo.
2. When an offender needs care in a mental hospital and iscommitted or transferred to a state mental hospital, the timespent at the mental hospital shall be calculated as a part ofthe sentence imposed upon him whether the sentence is anindeterminate one or for a definite period of time. The timespent at the mental hospital shall be deducted from the term ofthe sentence.
3. When an offender who has been transferred from acorrectional facility to a state mental hospital recovers beforethe expiration of his sentence, the superintendent of thehospital shall so certify in writing to the division ofclassification and treatment. He shall thereupon be transferredto such correctional facility as the department may direct.
4. An offender who has been committed to or transferred toa state mental hospital and is still mentally ill at theexpiration of his sentence may be discharged and delivered toany person who is able and willing to maintain him comfortablyand to the satisfaction of the superintendent of the hospital,if, in the opinion of the superintendent, it is reasonably safefor the person to be at large. Before discharging the offenderthe superintendent shall receive verification of the expirationof the offender's sentence from the director of corrections.The person so discharged may, in the discretion of thesuperintendent, be provided with the whole or a portion of theallowances granted to discharged prisoners by section 217.285,RSMo. The cost of such allowance shall be paid from the samefunds as are allowances granted to persons discharged directlyfrom a correctional facility.
5. When the term of an offender who has been committed ortransferred to a state mental hospital has expired and theperson, in the opinion of the hospital superintendent, is stillin need of care in a mental hospital and for the welfare andsafety of himself and others should remain in the hospital forcustody, care and treatment, he shall be retained in thehospital only if proper involuntary detention proceedings havebeen instituted and held as provided in chapter 632, RSMo.Thereafter this chapter and no other shall be applicable to hiscontinued hospitalization and discharge.
