589.040. Duties of department of corrections--certain inmates to participate in programs. - Missouri Statutes

State Codes and Statutes

Statutes > Missouri > T38 > C589 > 589_040

Duties of department of corrections--certain inmates to participate inprograms.

589.040. 1. The director of the department of correctionsshall develop a program of treatment, education andrehabilitation for all imprisoned offenders who are servingsentences for sexual assault offenses. When developing suchprograms, the ultimate goal shall be the prevention of futuresexual assaults by the participants in such programs, and thedirector shall utilize those concepts, services, programs,projects, facilities and other resources designed to achieve thisgoal.

2. All persons imprisoned by the department of correctionsfor sexual assault offenses shall be required to successfullycomplete the programs developed pursuant to subsection 1 of thissection.

(L. 1980 H.B. 1138, et al. § 6, A.L. 1990 H.B. 974)
(1991) Different standard of parole for sex offenders under Missouri sexual offenders program does not violate equal protection. Failure to complete program can only push back potential parole. It cannot extend actual sentence. Patterson v. Webster, 760 F.Supp. 150 (E.D.Mo.).
(1992) Where statute was revised in 1990 and required sexual offenders to successfully complete the sexual offender program and did not change the conditions of parole, revision only clarified statute and modification of statute does not satisfy the element of disadvantage to the affected party; therefore it is not an ex post facto law and does not violate the constitution. Clifton v. Ashcroft, 780 F.Supp. 650 (E.D.Mo.)
(2001) As applied to habeas applicant sentenced prior to effective date of section, section is not an ex post facto law; program is not penal in nature but rehabilitative. State ex rel. Nixon v. Pennoyer, 39 S.W.3d 521 (Mo.App.E.D.).
(2004) Sexual offender program has secular, narrowly tailored legislative purpose of preventing future sexual assaults by participants and does not violate federal or state constitutional provisions of non-establishment and free exercise of religion. Boone v. State, 147 S.W.3d 801 (Mo.App.E.D.).

State Codes and Statutes

Statutes > Missouri > T38 > C589 > 589_040

Duties of department of corrections--certain inmates to participate inprograms.

589.040. 1. The director of the department of correctionsshall develop a program of treatment, education andrehabilitation for all imprisoned offenders who are servingsentences for sexual assault offenses. When developing suchprograms, the ultimate goal shall be the prevention of futuresexual assaults by the participants in such programs, and thedirector shall utilize those concepts, services, programs,projects, facilities and other resources designed to achieve thisgoal.

2. All persons imprisoned by the department of correctionsfor sexual assault offenses shall be required to successfullycomplete the programs developed pursuant to subsection 1 of thissection.

(L. 1980 H.B. 1138, et al. § 6, A.L. 1990 H.B. 974)
(1991) Different standard of parole for sex offenders under Missouri sexual offenders program does not violate equal protection. Failure to complete program can only push back potential parole. It cannot extend actual sentence. Patterson v. Webster, 760 F.Supp. 150 (E.D.Mo.).
(1992) Where statute was revised in 1990 and required sexual offenders to successfully complete the sexual offender program and did not change the conditions of parole, revision only clarified statute and modification of statute does not satisfy the element of disadvantage to the affected party; therefore it is not an ex post facto law and does not violate the constitution. Clifton v. Ashcroft, 780 F.Supp. 650 (E.D.Mo.)
(2001) As applied to habeas applicant sentenced prior to effective date of section, section is not an ex post facto law; program is not penal in nature but rehabilitative. State ex rel. Nixon v. Pennoyer, 39 S.W.3d 521 (Mo.App.E.D.).
(2004) Sexual offender program has secular, narrowly tailored legislative purpose of preventing future sexual assaults by participants and does not violate federal or state constitutional provisions of non-establishment and free exercise of religion. Boone v. State, 147 S.W.3d 801 (Mo.App.E.D.).

State Codes and Statutes

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State Codes and Statutes

Statutes > Missouri > T38 > C589 > 589_040

Duties of department of corrections--certain inmates to participate inprograms.

589.040. 1. The director of the department of correctionsshall develop a program of treatment, education andrehabilitation for all imprisoned offenders who are servingsentences for sexual assault offenses. When developing suchprograms, the ultimate goal shall be the prevention of futuresexual assaults by the participants in such programs, and thedirector shall utilize those concepts, services, programs,projects, facilities and other resources designed to achieve thisgoal.

2. All persons imprisoned by the department of correctionsfor sexual assault offenses shall be required to successfullycomplete the programs developed pursuant to subsection 1 of thissection.

(L. 1980 H.B. 1138, et al. § 6, A.L. 1990 H.B. 974)
(1991) Different standard of parole for sex offenders under Missouri sexual offenders program does not violate equal protection. Failure to complete program can only push back potential parole. It cannot extend actual sentence. Patterson v. Webster, 760 F.Supp. 150 (E.D.Mo.).
(1992) Where statute was revised in 1990 and required sexual offenders to successfully complete the sexual offender program and did not change the conditions of parole, revision only clarified statute and modification of statute does not satisfy the element of disadvantage to the affected party; therefore it is not an ex post facto law and does not violate the constitution. Clifton v. Ashcroft, 780 F.Supp. 650 (E.D.Mo.)
(2001) As applied to habeas applicant sentenced prior to effective date of section, section is not an ex post facto law; program is not penal in nature but rehabilitative. State ex rel. Nixon v. Pennoyer, 39 S.W.3d 521 (Mo.App.E.D.).
(2004) Sexual offender program has secular, narrowly tailored legislative purpose of preventing future sexual assaults by participants and does not violate federal or state constitutional provisions of non-establishment and free exercise of religion. Boone v. State, 147 S.W.3d 801 (Mo.App.E.D.).