Attorney General's News Release

Jan. 13, 1999

Nixon invokes violent sexual predator law for first time

Jefferson City, Mo. — Invoking Missouri's new violent sexual predator law for the first time, Attorney General Jay Nixon filed to commit a Columbia man into the custody of the Department of Mental Health, following the man's scheduled release from prison after serving a sentence for rape and sexual abuse.

Nixon filed yesterday in Boone County Probate Court to have Dennis McNeal Smith Jr., who pleaded guilty in 1984 to the rape of an elderly Columbia woman and sexual abuse of a second woman, moved to the custody of the Department of Mental Health following the specifications of the 1998 law, which took effect Jan. 1.

The violent sexual predator law permits the state to retain custody -- following prison release -- of any convicted sexual predator determined to have a mental abnormality which makes the person likely to commit additional predatory sexual acts.

"The purpose of the law is to protect society from those who are deemed to have mental abnormalities which would result in a continued threat to society," Nixon said. "Recommendations from psychiatric staff and a review from a team of prosecutors, as required by law, indicates that Smith meets the legal requirements of a sexually violent predator. It is appropriate to retain custody following his prison term."

Once recommendations are made to the Attorney General, the law allows the Attorney General to seek continued custody by filing a petition in the probate division of the circuit court in which the conviction took place.

The law requires a probable cause hearing in that court and provides the opportunity for the defendant to contest probable cause custody with the assistance of counsel. If a probable cause determination is made, a second psychiatric evaluation is performed and the court shall conduct a trial to determine whether the person is a sexually violent predator. If such a determination is made, the defendant shall be committed to the custody of the Department of Mental Health until that person is deemed to be safe to society.

Prior to serving a prison sentence for rape, Smith, 43, had six previous arrests and had been in psychiatric care intermittently since age 17.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818