LD 1321
pg. 14
Page 13 of 17 An Act To Establish a Process for the Civil Commitment of Certain Sexual Offend... Page 15 of 17
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LR 37
Item 1

 
3.__Hearing.__The court, upon receiving notification of the
person's apprehension, shall promptly schedule a hearing.__The
issue to be determined at the hearing is whether the State has
proven by a preponderance of the evidence that the conditionally
released person did not comply with the terms and conditions of
release.__Hearsay evidence is admissible if the court finds that it
is reliable.__At the hearing, the court shall determine whether the
person should continue to be conditionally released on the same or
modified conditions or whether conditional release should be
revoked and the person committed to total confinement.

 
§3936.__Reimbursement of department

 
The department is responsible for all costs relating to the
evaluation and treatment of a committed person in the
department's custody whether the person is confined to a secure
facility or released to a less restrictive alternative.__The
department may require reimbursement of those costs to the extent
that the committed person is able to pay.

 
§3937.__Record check for employees of secure facility

 
The commissioner shall require a criminal record check of each
employee working at a secure facility where committed persons are
confined under this subchapter.__Both state and federal criminal
records must be checked.__Fingerprints may be required.__The
department shall pay the costs of the record check.__Information
obtained may be used only in making the initial employment
decision or a decision to assign an employee to work in a secure
facility.

 
§3938.__Release of information

 
The commissioner may release any relevant information obtained
under this subchapter if the commissioner determines that the
release is necessary to protect the public.

 
§3939.__Notice of conditional release, discharge or escape

 
1.__Standard notice.__At the earliest possible time, and no
later than 30 days before conditional release or unconditional
discharge, the department shall send written notice of
conditional release, unconditional discharge or escape to the
following:

 
A.__The State Police;

 
B.__The local law enforcement agency in the municipality in
which the committed person will reside;


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