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paragraph B, but the person is not entitled to be present at | the preliminary hearing. |
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| | 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. |
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| A. At the hearing, the committed person may be present and | has the same constitutional protections that are afforded at | the initial commitment proceeding. |
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| 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. |
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| 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. |
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| 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. |
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| §3932.__Court jurisdiction |
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| | The jurisdiction of the court over a person committed under | this subchapter continues until the person is unconditionally | discharged. |
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| §3933.__Conditional release to less restrictive alternative; |
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| | 1.__Finding.__Before the court may enter an order directing | conditional release to a less restrictive alternative, the court | must find that: |
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| A.__The committed person will be treated by a treatment | provider who is qualified to provide treatment; |
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| 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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