US Laws, Codes, Statutes & Cases

589.040. 1. The director of the department of corrections shall develop a program of treatment, education and rehabilitation for all imprisoned offenders who are serving sentences for sexual assault offenses. When developing such programs, the ultimate goal shall be the prevention of future sexual assaults by the participants in such programs, and the director shall utilize those concepts, services, programs, projects, facilities and other resources designed to achieve this goal.

2. All persons imprisoned by the department of corrections for sexual assault offenses shall be required to successfully complete the programs developed pursuant to subsection 1 of this section.

(L. 1980 H.B. 1138, et al. § 6, A.L. 1990 H.B. 974)

(1991) Different standard of parole for sex offenders under Missouri sexual offenders program does not violate equal protection. Failure to complete program can only push back potential parole. It cannot extend actual sentence. Patterson v. Webster, 760 F.Supp. 150 (E.D. Mo.).

(1992) Where statute was revised in 1990 and required sexual offenders to successfully complete the sexual offender program and did not change the conditions of parole, revision only clarified statute and modification of statute does not satisfy the element of disadvantage to the affected party; therefore it is not an ex post facto law and does not violate the constitution. Clifton v. Ashcroft, 780 F.Supp. 650 (E.D. Mo.)

(2001) As applied to habeas applicant sentenced prior to effective date of section, section is not an ex post facto law; program is not penal in nature but rehabilitative. State ex rel. Nixon v. Pennoyer, 39 S.W.3d 521 (Mo.App.E.D.).

(2004) Sexual offender program has secular, narrowly tailored legislative purpose of preventing future sexual assaults by participants and does not violate federal or state constitutional provisions of non-establishment and free exercise of religion. Boone v. State, 147 S.W.3d 801 (Mo.App. E.D.).