Purpose
A forensic client who has been granted a court-ordered release from a Division of Behavioral Health facility, provided he/she follows enumerated conditions, may have his/her conditional release revoked by the Director of Forensic Services if the director has reasonable cause to believe that the client violated a condition of his/her release or if re-hospitalization is the least restrictive alternative consistent with both the client’s needs and the needs of public safety.
The Department Hearings Administrator conducts the hearing. The hearing shall take place within 96 hours of the client’s return to the facility, excluding Saturday, Sunday, and legal holidays, but may be continued to a future date at the client’s request. Hearings are held at the Department facility to which the client was returned. A Department Assistant General Counsel represents the Director of Forensic Services at the hearing. The Hearings Administrator, Assistant General Counsel, client’s attorney or advocate, and witnesses may appear at the hearing via video conference at the Hearings Administrator’s discretion. The Hearings Administrator issues a decision within five working days of the hearing (excluding Saturday, Sunday, and legal holidays) affirming or reversing the Director of Forensic Services’ revocation of the client’s conditional release.
Authority: 552.040.16, RSMo; DOR 4.470