In a felony case, if a judge thinks the person charged might have a mental illness, the judge can send that person to a mental health facility or hospital for up to 30 days to be examined before deciding on a punishment. After the exam, doctors send a report to the court within 40 days, and copies go to both the prosecutor and the defendant's lawyer. Any time spent at the facility counts toward the person's prison sentence if they end up getting one.
557.031. Presentence for study. — 1. In cases where the circumstances surrounding the or other circumstances brought to the attention of the court indicate a strong likelihood that the is suffering from a , and the court desires more detailed about the defendant's mental condition before making an under section 557.011, it may the commitment of the defendant for mental examination.
2. The court may commit the defendant to a facility of the or to a hospital and order the defendant examined by such person or persons as the court or that or hospital may . The cost of guarding and transporting any confined defendant to and from any such facility or other place of examination shall be borne by the county. Any commitment shall be for a period not exceeding thirty days unless extended by the order of the court.
3. Within forty days after the order the person or persons making such examination or examinations shall transmit to the court a report thereof including answers to any specific questions submitted by the court. The shall immediately supply copies of the report to the and to the defendant or his attorney.
4. Any period of commitment to a facility of the department of mental health or to a hospital for the purpose of this section shall be against any term of imprisonment imposed upon the defendants.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
Related Missouri laws
Hate offenses
RSMo 557.035
Presentence investigation and sentencing assessment report
RSMo 557.026
Role of court and jury in sentencing
RSMo 557.036
Classification of offenses outside this code
RSMo 557.021
Ineligibility for probation, SIS, SES, or conditional release, certain offenses
RSMo 557.045
Classification of offenses
RSMo 557.016
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.