| Missouri Megan's
Law and Victim's Rights
(2)The right to be informed
Crime victims shall have the right, upon
request by the victim, to be informed of guilty pleas, bail hearings,
sentencing, probation revocation hearings, and parole hearings, unless in the
determination of the court the interests of justice require otherwise.
Crime victims shall have the right to be informed of trials and preliminary
hearings.
Crime victims shall have the right to information concerning the escape of an
accused from custody or confinement, the defendant's release and scheduling of
the defendant's release from incarceration.
Crime victims shall have the right to information about how the criminal
justice system works, the rights and the availability of services, and upon
request of the victim the right to information about the crime.
(3)The right to be present Crime victims shall have the right to be present
at all criminal justice proceedings at which the defendant has such right,
including juvenile proceedings where the offense would have been a felony if
committed by an adult.
(4)The right to be heard Crime victims shall have the right, upon request of
the victim, to be heard at guilty pleas, bail hearings, sentencing, probation
revocation hearings, and parole hearings, unless in the determination of the
court the interests of justice require otherwise.
Please refer to the State of Missouri Article1, Section 32, for further
information regarding the victims' rights.
ARTICLE I, SECTION 32
1. Crime victims, as defined by law, shall have the following rights, as
defined by law:
(1) The right to be present at all criminal justice proceedings at which the
defendant has such right, including juvenile proceedings where the offense would
have been a felony if committed by an adult;
(2) Upon request of the victim, the right to be informed of and heard at
guilty pleas, bail hearings, sentencing, probation revocation hearings, and
parole hearings, unless in the determination of the court the interests of
justice require otherwise;
(3) The right to be informed of trials and preliminary hearings;
(4) The right to restitution, which shall be enforceable in the same manner
as any other civil cause of action, or as otherwise provided by law;
(5) The right to the speedy disposition and appellate review of their cases,
provided that nothing in this subdivision shall prevent the defendant from
having sufficient time to prepare his defense;
(6) The right to reasonable protection from the defendant or any person
acting on behalf of the defendant;
(7) The right to information concerning the escape of an accused from custody
or confinement, the defendant's release and scheduling of the defendant's
release from incarceration; and
(8) The right to information about how the criminal justice system works, the
rights and the availability of services, and upon request of the victim the
right to information about the crime.
2. Notwithstanding section 20 of article I of this Constitution, upon a
showing that the defendant poses a danger to a crime victim, the community, or
any other person, the court may deny bail or may impose special conditions which
the defendant and surety must guarantee.
3. Nothing in this section shall be construed as creating a cause of action
for money damages against the state, a county, a municipality, or any of the
agencies, instrumentalities, or employees provided that the General Assembly
may, by statutory enactment, reverse, modify, or supersede any judicial decision
or rule arising from any cause of action brought pursuant to this section.
4. Nothing in this section shall be construed to authorize a court to set
aside or to void a finding of guilt, or an acceptance of a plea of guilty in any
criminal case.
5. The general assembly shall have power to enforce this section by
appropriate legislation.
| Contact Person: |
Tammy Byrd - Missouri State Patrol - (573) 526-6347. |
| Offenders Required to Register: |
589.400. 1 Sections 589.400 to 589.425 shall apply to:
(1) Any
person who, since July 1, 1979, has been or is hereafter convicted of, been
found guilty of, or pled guilty to committing, or attempting to commit a felony
offense of chapter 566,RSMO, or any offense of chapter 566, RSMO; where the
victim in a minor; or
(2) Any person who, since July 1, 1979, has been or is
hereafter convicted of, been found guilty of, or pled guilty to committing, or
attempting to commit one or more of the following offenses: kidnapping, pursuant
to section 565.110, RSMO; felonious restraint; promoting prostitution in the
first degree; promoting prostitution in the second degree; promoting
prostitution in the third degree; incest; abuse of a child, pursuant to section
568.060, RSMO; use of a child in a sexual performance; or promoting sexual
performance by a child; and committed or attempted to commit the offense against
a victim who is a minor, defined for the purposes of sections 589.400 to 589.425
as a person under eighteen years of age; or
(3) Any person who, since July 1,
1979, has been committed to the department of mental health as a criminal sexual
psychopath; or
(4) Any person who, since July 1, 1979, has been found not
guilty as a result of mental disease or defect of any offense listed in
subdivision (1) or (2) of this subsection; or (5) Any person who is a resident
of this state who has, since July 1, 1979, or is hereafter convicted of, been
found guilty of, or pled guilty to or nolo contendere in any other state or
under federal jurisdiction to committing, or attempting to commit, an offense
which, if committed in this state, would be a violation of chapter 566, RSMO, or
a felony violation of any offense listed in subdivision (2) of this subsection
or has been or is required to register in another state or has been or is
required to register under federal or military law; or (6) Any person who has
been or is required to register in another state or has been or is required to
register under federal or military law and who works or attends school or
training on a full-time or on a part-time basis in Missouri. Part-time in this
subdivision means for more than fourteen days in any twelve-month
period.
Sections 2.
Any person to whom sections 589.400 to 589.425
apply shall, within ten days of conviction, release from incarceration, or
placement upon probation, register with the chief law enforcement official of
the county in which such person resides unless such person has already
registered in that county for the same offense. Any person to whom sections
589.400 to 589.425 apply if not currently registered in their county of
residence shall register with the chief law enforcement official of such county
with ten days of the effective date of this section. The chief law enforcement
official shall forward a copy of the registration form required by section
589.407 to a city, town or village law enforcement agency located within the
county of the chief law enforcement official, if so requested. Such request may
ask the chief law enforcement official to forward copies of all registration
forms filed with such official. The chief law enforcement official may forward a
copy of such registration form to any city, town or village law enforcement
agency, if so requested.
Sections 3.
The registration requirements of
sections 589.400 through 589.425 are lifetime registration requirements unless
all offenses requiring registration are reversed, vacated or set aside or unless
the registrant is pardoned of the offenses requiring
registration.
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| Information Collected: |
Phone number, place of employment, crime committed, date and
place of crime, date and place of conviction, photo, and fingerprints and other
identifying information. |
| Administrating Agency: |
State Highway Patrol, local law enforcement. |
| Timeframe for Registration: |
Notified upon release, given 10 days to register to county
official; within 10 days of moving into state; within 10 days of changing
address. Every offender much register annually on the month of their
birth. |
| Applies to Out of State Offenders: |
Yes |
| Duration of Requirement: |
Life. Persistent or predatory offenders, every 90 days; for
offenders with victims under the age of 18, every 90 days. |
| Verification of Address: |
No |
| Penalties for Non-Compliance: |
First failure to register, class A misdemeanor; subsequent
offenses, class D felony. |
| Access to Information: |
Procedures for Public Access: Upon request, a local law
enforcement agency will provide a complete list of the sexual offenders
registered within that agency's jurisdiction to any member of the public.
|
| Confidentiality Provision: |
No |
| Number Registered: |
8,338 as of 8/19/02 |
| Percent Compliance: |
Not known |
| Internet Access: |
http://www.jcsd.org/Offenders.htm
Barton County Sheriff’s Department-
http://www.bartoncountysd.org
Cape Girardeau County
Sheriff’s Department-
http://www.capecountysheriff.org
Cole County Sheriff’s
Department-
http://www.colecounty.org
Crawford County Sheriff’s
Department-
http://www.crawfordcountysheriffsoffice.bravepages.com
Greene
County Sheriff’s Department-
http://www.greenecountymo.org/Sheriff/web/sexoff2.php
Jefferson
County Sheriff’s Department-
http://www.jcsd.org
Laclede County Sheriff’s
Department-
http://www.lacledecountymissouri.org/
Miller County
Sheriff’s Department-
http://www.mcsd.1afm.com
Newton County Sheriff’s
Department-
http://www.nc-so.org
Pulaski County Sheriff’s
Department-
http://www.pulaskicountyweb.com
Scott County Sheriff’s
Department-
http://bluebird.showme.net/scottcountysheriff/sexual_offender.htm
St. Francois County Sheriff’s Department-
http://www.sfcsd.org
St. Louis
County Police Department-
http://www.stlouisco.com
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