LD 1321
pg. 10
Page 9 of 17 An Act To Establish a Process for the Civil Commitment of Certain Sexual Offend... Page 11 of 17
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LR 37
Item 1

 
paragraph B, but the person is not entitled to be present at
the preliminary hearing.

 
3.__Hearing.__If the court at the preliminary hearing
determines that probable cause exists to believe that the
person's mental abnormality or personality disorder has changed
so that the person is not likely to engage in predatory acts of
sexual violence if conditionally released to a less restrictive
alternative or unconditionally discharged, the court shall set a
hearing on the issue.

 
A. At the hearing, the committed person may be present and
has the same constitutional protections that are afforded at
the initial commitment proceeding.

 
B.__The prosecuting attorney shall represent the State and
may request a jury trial and have the committed person
evaluated by experts chosen by the State.

 
C.__The committed person has the right to have an expert
evaluation.__The court shall appoint an expert if the person
is indigent and requests an appointment.

 
D.__The burden of proof at the hearing is on the State to
prove beyond a reasonable doubt that the committed person's
mental abnormality or personality disorder remains such that
the person is likely to engage in predatory acts of sexual
violence if conditionally released to a less restrictive
alternative or unconditionally discharged.

 
§3932.__Court jurisdiction

 
The jurisdiction of the court over a person committed under
this subchapter continues until the person is unconditionally
discharged.

 
§3933.__Conditional release to less restrictive alternative;

 
proceedings

 
1.__Finding.__Before the court may enter an order directing
conditional release to a less restrictive alternative, the court
must find that:

 
A.__The committed person will be treated by a treatment
provider who is qualified to provide treatment;

 
B.__The treatment provider has presented a specific course of
treatment, has agreed to assume responsibility for the treatment,
will report progress to the court on a regular basis and will
report violations immediately to the


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