Key Information

Relevant Statutes and Rules

Mo. Rev. Stat. § 552.020

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

Mo. Ann. Stat. § 552.020(2) (West)

Qualifications of examiners

"private psychiatrists or psychologists, as defined in section 632.005, or physicians with a minimum of one year training or experience in providing treatment or services to persons with an intellectual disability or developmental disability or mental illness, who are neither employees nor contractors of the department of mental health for purposes of performing the examination in question"

Mo. Ann. Stat. § 552.020(2) (West)

What must the evaluation report contain

"A report of the examination made under this section shall include:
(1) Detailed findings;
(2) An opinion as to whether the accused has a mental disease or defect;
(3) An opinion based upon a reasonable degree of medical or psychological certainty as to whether the accused, as a result of a mental disease or defect, lacks capacity to understand the proceedings against him or her or to assist in his or her own defense;
(4) An opinion, if the accused is found to lack capacity to understand the proceedings against him or her or to assist in his or her own defense, as to whether there is a substantial probability that the accused will be mentally fit to proceed in the reasonably foreseeable future;
(5) A recommendation as to whether the accused should be held in custody in a suitable hospital facility for treatment pending determination, by the court, of mental fitness to proceed;
(6) A recommendation as to whether the accused, if found by the court to be mentally fit to proceed, should be detained in such hospital facility pending further proceedings;
(7) A recommendation as to whether the accused, if found by the court to lack the mental fitness to proceed, should be committed to a suitable hospital facility for treatment to restore the mental fitness to proceed or if such treatment to restore the mental fitness to proceed can be provided in a county jail or other detention facility approved by the director or designee; and
(8) A recommendation as to whether the accused, if found by the court to lack the mental fitness to proceed and the accused is not charged with a dangerous felony as defined in section 556.061, murder in the first degree under section 565.020, or rape in the second degree under section 566.031, or the attempts thereof:
(a) Should be committed to a suitable hospital facility; or
(b) May be appropriately treated in the community; and
(c) Is able to comply with bond conditions as set forth by the court and is able to comply with treatment conditions and requirements as set forth by the director of the department or his or her designee."

Mo. Ann. Stat. § 552.020(3) (West)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

"When the court determines that the accused can comply with the bond and treatment conditions as referenced in subsection 3 of this section, the court shall order that the accused remain on bond while receiving treatment until the case is disposed of as set forth by subsection 12 of this section. If, at any time, the court finds that the accused has failed to comply with the bond and treatment conditions, the court may order that the accused be taken into law enforcement custody until such time as a department inpatient bed is available to provide treatment."

Mo. Ann. Stat. § 552.020(4) (West)

"If the court determines that the accused lacks mental fitness to proceed, the court shall commit him or her to the director of the department of mental health. The director of the department, or his or her designee, shall notify the court and the parties of the location and conditions for treatment."

Mo. Ann. Stat. § 552.020(10) (West)

What is the test for restorability

"no substantial probability that the accused will be mentally fit to proceed in the reasonably foreseeable future,"

Mo. Ann. Stat. § 552.020(12)(6) (West

What is the procedure after restoration

"Six months after such commitment, the court which ordered the accused committed shall order an examination by the head of the facility in which the accused is committed, or a qualified designee, to ascertain whether the accused is mentally fit to proceed and if not, whether there is a substantial probability that the accused will attain the mental fitness to proceed to trial in the foreseeable future."

Mo. Ann. Stat. § 552.020(12)(1) (West)

"If the accused is found mentally fit to proceed, the criminal proceedings shall be resumed"

Mo. Ann. Stat. § 552.020(12)(4) (West)
 

What is the procedure if there is a finding of unrestorability

"the court shall dismiss the charges without prejudice and the accused shall be discharged, but only if proper proceedings have been filed under chapter 632 or chapter 475, in which case those sections and no others will be applicable. The probate division of the circuit court shall have concurrent jurisdiction over the accused upon the filing of a proper pleading to determine if the accused shall be involuntarily detained under chapter 632, or to determine if the accused shall be declared incapacitated under chapter 475, and approved for admission by the guardian under section 632.120 or 633.120, to a mental health or developmental disability facility. When such proceedings are filed, the criminal charges shall be dismissed without prejudice if the court finds that the accused is mentally ill and should be committed or that he or she is incapacitated and should have a guardian appointed. The period of limitation on prosecuting any criminal offense shall be tolled during the period that the accused lacks mental fitness to proceed."

Mo. Ann. Stat. § 552.020(12)(6) (West)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

None stated.

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

None stated.