HOUSE BILL NO. 3370 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MAYHEW.
7260H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 478.004, RSMo, and to enact in lieu thereof ten new sections relating to court-ordered treatment.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 478.004, RSMo, is repealed and ten new sections enacted in lieu 2 thereof, to be known as sections 478.002, 478.004, 632.580, 632.585, 632.590, 632.593, 3 632.595, 632.600, 632.605, and 632.610, to read as follows: 478.002. 1. Notwithstanding any provision of law, all circuit and associate circuit 2 courts shall offer and utilize a treatment court program for first-time felony offenders to 3 address a substance use disorder prior to the offender entering a plea in court. 4 2. After completion of the treatment court program under subsection 1 of this 5 section, any pending charges against the offender for the criminal case requiring 6 treatment by the treatment court program shall be dismissed; however, the offender 7 shall be required to pay any associated costs prior to the dismissal of the charges. 478.004. 1. The treatment court team shall, when practicable, conduct a meeting 2 prior to each treatment court session to discuss and provide updated information regarding the 3 treatment court participant. After determining his or her progress or lack thereof, the 4 treatment court team shall consider the appropriate incentive or sanction to be applied, and 5 the court shall make the final decision based on information presented in the meeting. 6 2. In any criminal case in the circuit, if it is determined that the defendant meets the 7 criteria for eligibility in the treatment court, the judge presiding over the criminal case may 8 order the defendant to the treatment court division for treatment:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3370 2
9 (1) Prior to the entry of the sentence, excluding suspended imposition of sentence 10 (SIS), if the prosecuting attorney consents; 11 (2) As a condition of probation; or 12 (3) Upon consideration of a motion to revoke probation. 13 14 If the provisions of section 478.002 are not utilized, the provisions of this subsection may 15 be utilized. 16 3. A circuit that has established a treatment court division under this chapter may 17 accept participants from any other jurisdiction in this state based upon either the residence of 18 the participant in the receiving jurisdiction or the unavailability of a treatment court in the 19 transferring jurisdiction. The transfer may occur at any time during the proceedings 20 including, but not limited to, prior to adjudication and during periods when the participant is 21 on probation. The receiving court shall have jurisdiction to impose a sentence including, but 22 not limited to, sanctions, incentives, incarceration, and phase changes. A transfer under this 23 subsection is not valid unless it is agreed to by the following: 24 (1) The parties to the action; 25 (2) The judge or commissioner of the transferring court; and 26 (3) The judge or commissioner of the receiving treatment court. 27 28 If the defendant assigned to treatment court is terminated from the treatment court, the case 29 shall be returned to the transferring court for disposition. 30 4. If a treatment court participant requires treatment for opioid or other substance 31 misuse or dependence, a treatment court shall not prohibit such participant from participating 32 in and receiving medication-assisted treatment under the care of a physician licensed in this 33 state to practice medicine. A treatment court participant shall not be required to refrain from 34 using medication-assisted treatment as a term or condition of successful completion of the 35 treatment court program. 36 5. A treatment court participant assigned to a treatment program for opioid or other 37 substance misuse or dependence shall not be in violation of the terms or conditions of the 38 treatment court on the basis of his or her participation in medication-assisted treatment under 39 the care of a physician licensed in this state to practice medicine. 632.580. The definitions set forth in section 632.005 shall apply to sections 2 632.580 to 632.610. In addition, as used in sections 632.580 to 632.610, unless the context 3 clearly requires otherwise, the following terms mean: 4 (1) "Assisted outpatient treatment", court-ordered involuntary outpatient 5 mental health care services that are provided by a mental health program under a HB 3370 3
6 treatment plan developed and monitored by a master's level mental health professional. 7 Such services may include, but are not limited to: 8 (a) Case management; 9 (b) Medication management; 10 (c) Therapy or counseling; 11 (d) Substance use treatment, if applicable; 12 (e) Crisis intervention services; and 13 (f) Assistance with housing, employment, or other community resources 14 necessary for an individual's stability; 15 (2) "Case manager", a mental health professional employed by a certified 16 community mental health center who is assigned to a respondent to oversee the 17 respondent's compliance with the outpatient treatment plan ordered by the court under 18 sections 632.580 to 632.610; 19 (3) "Community mental health center", the same meaning given to the term in 20 section 205.975; 21 (4) "Comprehensive mental health services", the same meaning given to the 22 term in section 205.975; 23 (5) "Local public health agency", a county health center board established 24 under chapter 205, a county health department, a combined city and county health 25 department or agency, a multicounty health department or agency, or any other county 26 health authority; 27 (6) "Petition", a petition for assisted outpatient treatment filed under section 28 632.585 or for continued assisted outpatient treatment filed under section 632.600; 29 (7) "Respondent", a person who is alleged in a petition to meet the criteria for 30 assisted outpatient treatment in section 632.590; 31 (8) "Service area", the same meaning given to the term in section 205.975. 632.585. 1. A petition for an order authorizing assisted outpatient treatment 2 may be filed by: 3 (1) The director, administrator, or treating physician of a mental health program 4 in which the respondent is hospitalized; 5 (2) The director, administrator, or treating physician of an emergency receiving 6 center in which the respondent is receiving services; 7 (3) A licensed physician from whom the respondent is receiving services; 8 (4) A registered professional nurse who is designated by a community mental 9 health center and approved by the department of mental health and from whom the 10 respondent is receiving services; 11 (5) A mental health professional from whom the respondent is receiving services; HB 3370 4
12 (6) The appointed guardian or limited guardian of a ward who is the 13 respondent; or 14 (7) The department of health and senior services, the department of mental 15 health, or any local public health agency located within the judicial circuit of the court 16 having probate jurisdiction in which the petition is filed. 17 2. The petition may be filed in the court having probate jurisdiction in the 18 county in which the respondent is present or reasonably believed to be present or in the 19 court having probate jurisdiction in the county in which the respondent resides. 20 3. The petition shall allege under oath, without a notarization requirement, that 21 the petitioner has reason to believe that the respondent meets the criteria for assisted 22 outpatient treatment in section 632.590. The petition shall specify factual information 23 on which such belief is based and shall contain the names and addresses of all persons 24 known to the petitioner who have knowledge of such facts through personal observation. 25 4. No notarization shall be required for a petition or for any affidavits, 26 declarations, or other documents supporting a petition. The petition and any affidavits, 27 declarations, or other documents supporting the petition shall be subject to the 28 provisions of section 492.060 allowing for declaration under penalty of perjury. 29 5. The prosecuting attorney of the county in which a hearing on a petition takes 30 place shall represent the petitioner and file and prosecute in court all petitions. Such 31 duty shall be fulfilled by the county counselor in counties having a county counselor and 32 by the circuit attorney in any city not within a county. 632.590. Following receipt of a petition and completion of the procedures 2 required in section 632.593, a court may issue an order requiring a respondent to 3 participate in assisted outpatient treatment if: 4 (1) The respondent: 5 (a) Is eighteen years of age or older; 6 (b) Is suffering from a mental illness; 7 (c) Will not obtain treatment in the community voluntarily; and 8 (d) Is unable to make an informed decision to seek or to comply with voluntary 9 treatment; and 10 (2) Either: 11 (a) Because of the respondent's fulfillment of the criteria of subdivision (1) of 12 this section, the respondent requires treatment to prevent a deterioration in the 13 respondent's mental illness that would be likely to result in serious harm to the 14 respondent or others as described in section 632.305; or HB 3370 5
15 (b) The respondent has a history of a lack of compliance with treatment for the 16 respondent's mental illness, and within the thirty-six months immediately preceding the 17 date of the filing of the petition such lack of compliance has either: 18 a. At least twice, been a significant factor in necessitating a civil detention period 19 for treatment instituted under section 632.120 or 632.305 or receipt of services in a 20 forensic or other mental health unit of any state or local correctional facility, not 21 including any period during which the respondent was hospitalized or incarcerated 22 immediately preceding the date of the filing of the petition; or 23 b. Resulted in one or more acts of violent behavior with the intention of causing 24 serious physical injury toward self or others or threats of, or attempts of, serious 25 physical harm to self or others, not including any period during which the respondent 26 was hospitalized or incarcerated immediately preceding the date of the filing of the 27 petition. 632.593. 1. At the time of filing the petition, the court clerk shall set a date and 2 time for the hearing, which shall take place within two judicial days of the filing of the 3 petition. An attorney shall be appointed to represent the respondent as required under 4 section 632.450 from the register of attorneys described in section 632.415. An attorney 5 so appointed shall be entitled to attorney's fees to the same extent as allowed under 6 section 632.415. The clerk shall promptly notify the respondent, the respondent's 7 attorney, the petitioner, and the petitioner's attorney of the date and time for the 8 hearing. The court shall not grant continuances except upon a showing of good and 9 sufficient cause. 10 2. The hearing shall be conducted in as informal a manner as may be consistent 11 with orderly procedure and in a physical setting not likely to have a harmful effect on 12 the respondent. The respondent shall have the following rights in addition to those 13 specified elsewhere: 14 (1) To be represented by an attorney; 15 (2) To present evidence on his or her own behalf; 16 (3) To cross-examine witnesses who testify against him or her; 17 (4) To remain silent; 18 (5) To view and copy all petitions and reports in the court file of his or her case; 19 (6) To have the hearing open or closed to the public as he or she elects; 20 (7) To be proceeded against according to the rules of evidence applicable to civil 21 judicial proceedings; and 22 (8) To have the hearing before a jury if requested by the respondent or his or her 23 attorney. HB 3370 6
24 3. The respondent shall be present at the hearing unless the respondent's 25 physical condition is such that he or she cannot be present in the courtroom or if the 26 court determines that the respondent's conduct in the courtroom is so disruptive that 27 the proceedings cannot reasonably continue. 28 4. The burden of proof at the hearing shall be by clear and convincing evidence 29 and shall be upon the petitioner. 30 5. If the matter is tried before a jury, the jury shall determine and shall be 31 instructed only upon the issue of whether the respondent meets the criteria for assisted 32 outpatient treatment in section 632.590. The remaining procedures for the jury trial 33 shall be as in other civil matters. 34 6. The respondent shall not be required to file an answer or other responsive 35 pleading. 36 7. At the conclusion of the hearing, if the court or jury finds, based upon clear 37 and convincing evidence, that the respondent meets the criteria for assisted outpatient 38 treatment in section 632.590, and the court finds that a mental health program 39 appropriate to handle the respondent's condition has agreed to accept the respondent, 40 the court shall issue an order requiring the respondent to participate in assisted 41 outpatient treatment with the mental health program for a period not to exceed two 42 years. 43 8. At the conclusion of the hearing, if the court or jury does not find by clear and 44 convincing evidence that the respondent meets the criteria for assisted outpatient 45 treatment in section 632.590, the court shall dismiss the petition. 46 9. An order requiring the respondent to participate in assisted outpatient 47 treatment based on satisfaction of the provisions of subparagraph a. of paragraph (b) of 48 subdivision (2) of section 632.590 shall not be issued unless the court has considered, or 49 the jury has been instructed to consider, at least the following factors: 50 (1) The respondent's ability to access finances in order to obtain food or 51 medicine; 52 (2) The respondent's ability to obtain treatment for the respondent's medical 53 condition; 54 (3) The respondent's ability to access necessary resources in the community 55 without assistance; 56 (4) The degree to which there are risks to the respondent's safety; 57 (5) The likelihood that the respondent will decompensate without immediate 58 care or treatment; 59 (6) The respondent's previous attempts to inflict physical injury on self or 60 others; HB 3370 7
61 (7) The respondent's history of behavioral health treatment in the community; 62 (8) The respondent's patterns of decompensation in the past; 63 (9) The respondent's risk of being victimized or harmed by others; and 64 (10) The respondent's access to the means to inflict harm on self or others. 65 10. Nothing in this section shall prevent the court or jury from considering any 66 other factor not described in this section. 67 11. If requested by the respondent, the court shall appoint an available licensed 68 physician or licensed psychologist to examine the respondent and testify at the 69 respondent's request. If the respondent or the respondent's attorney so requests, the 70 court shall not appoint a licensed physician or licensed psychologist who is an employee 71 of any entity in which the respondent is hospitalized or receiving services or who is an 72 employee of any entity that filed the petition. The appointment procedures in section 73 632.420 shall apply to any appointment under this subsection. 74 12. The physician-patient privilege recognized by section 491.060 and the 75 psychologist-patient privilege recognized by section 337.055 shall be deemed waived in 76 proceedings under sections 632.580 to 632.610. The fact that such privileges have been 77 waived in accordance with this section shall not by itself waive the privileges in any 78 other proceeding, civil or criminal. The waiver of the privileges shall extend only to that 79 evidence that is directly material and relevant to the proceedings under sections 632.580 80 to 632.610. 81 13. Appeals from court orders under this section may be made as described in 82 section 632.430. 83 14. Assisted outpatient treatment shall not be deemed outpatient detention for 84 purposes of this chapter, and no provision of this chapter relating to the requirements 85 for inpatient or outpatient detention proceedings shall apply to assisted outpatient 86 treatment under sections 632.580 to 632.610 unless such provision has been specifically 87 incorporated into sections 632.580 to 632.610 by reference or otherwise. 88 15. The exemption from liability provided under section 632.440 relating to 89 detention procedures shall apply to assisted outpatient treatment under sections 632.580 90 to 632.610 in the same manner and to the same extent as if assisted outpatient treatment 91 were detention. 632.595. 1. The court shall assign a case manager from a certified community 2 mental health center to each respondent ordered to participate in assisted outpatient 3 treatment. 4 2. The case manager and the respondent shall report to the court at least once 5 every ninety days. The court may, at its discretion, request more frequent appearances. 6 The case manager shall immediately report to the court a substantial failure of the HB 3370 8
7 respondent or the mental health program providing the assisted outpatient treatment to 8 comply with the conditions of the assisted outpatient treatment. 632.600. 1. The court order for assisted outpatient treatment shall expire at the 2 end of the period specified in the order unless a petition for an extension has been filed. 3 If any person or entity authorized to file a petition under section 632.585 determines 4 that a respondent requires further involuntary assisted outpatient treatment, the person 5 or entity shall file a petition for continued assisted outpatient treatment before the 6 expiration of the involuntary assisted outpatient treatment ordere