Attorney General's News Release

July 24, 2000

Probable cause hearing set for July 26 in Polk County on Nixon's motion to keep sex offender in civil commitment

Jefferson City, Mo. — The Polk County Probate Division has scheduled a hearing at 3 p.m. on July 26 on a motion by Attorney General Jay Nixon to place a Bolivar man in civil commitment as a sexually violent predator following his release from prison after serving a sentence for sexual abuse.

Timothy Smith (DOB 10-8-60) is scheduled to complete a three-year sentence on the 1996 conviction out of Polk County on July 28, 2000. The hearing in Polk County Probate Division concerns the state's motion to have Smith committed into the custody of the Missouri Department of Mental Health. The law requires a probable cause hearing in that court and provides the opportunity for the defendant to contest probable cause with the assistance of counsel.

The violent sexual predator law, which took effect Jan. 1, 1999, permits the state to retain civil custody — following prison release — of any convicted sexual predator who has been determined to have a mental abnormality that makes the person likely to commit additional predatory sexual acts. The statute provides for a review by psychiatric and other agency professions and a review from a team of prosecutors, including the prosecutor where the original crimes took place.

Once recommendations are made to the Attorney General, the law allows the Attorney General to seek civil commitment by filing a petition in the probate division of the circuit court in which the conviction took place. Nixon filed a motion last week to keep Smith in commitment.

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.

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