A forensic client considered for transfer to Nixon Forensic Center shall be given a hearing before the transfer to determine the necessity and appropriateness of the proposed transfer. If the transferring facility head determines that there is imminent danger that the client will cause serious harm to others, the client may be transferred prior to a hearing, provided that the head of Fulton State Hospital approves. In such a scenario, a hearing shall take place within five working days of the transfer (excluding Saturday, Sunday, and legal holidays).
Regardless of whether the hearing takes place before the transfer or after, the Department Hearings Administrator conducts the hearing. Pre-transfer hearings are held at the proposed transferring facility. Post-transfer hearings are held at Nixon Forensic Center. A Department employee of the transferring facility represents the transferring facility at the hearing. The Hearings Administrator, transferring facility representative, 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 transfer (or proposed transfer) of the client to Nixon Forensic Center.
Authority: 630.050, RSMo; DOR 4.533