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expert or professional person to perform an examination or | | participate in the trial on the person's behalf. |
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| | | 5.__Right to jury.__The person, the prosecuting attorney or | | the judge may demand that the trial be before a 12-person jury.__ | | If no demand is made, the trial is before the court. |
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| | | 1.__Determination; standard of proof. The court or jury shall | | determine whether a person is a sexually violent predator.__The | | determination must be made beyond a reasonable doubt.__A | | determination made by a jury must be unanimous. |
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| | | 2.__Proof of recent overt act.__If the person alleged to be a | | sexually violent predator was not in confinement on the date the | | petition was filed, the State must prove beyond a reasonable | | doubt that the person committed a recent overt act. |
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| | | 3.__Proof of sexual motivation.__If the State alleges that the | | prior sexually violent offense that forms the basis for the | | petition for commitment filed pursuant to section 3923 was an act | | that was sexually motivated, the State must prove beyond a | | reasonable doubt that the act was sexually motivated. |
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| | | 4.__Commitment.__If the court or jury determines that the | | person is a sexually violent predator, the person must be | | committed to the custody of the department for placement in a | | secure facility approved by the department for control, care and | | treatment until such time as the person's mental abnormality or | | personality disorder has changed so that it is safe to discharge | | the person or release the person to a less restrictive | | alternative.__If the court orders that the person be committed, | | the court may order that a corrections supervisor be assigned. |
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| | | 5.__Release.__If the court or jury is not satisfied beyond a | | reasonable doubt that the person is a sexually violent predator, | | the court shall direct the person's release. |
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| | | §3927.__Persons who were incompetent to stand trial |
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| | | 1.__Determination on original charge.__If the person charged | | with a sexually violent offense was found incompetent to stand | | trial and is about to be or has been released and the person's | | commitment is sought pursuant to this subchapter, the court shall | | first hear evidence and determine whether the person committed | | the act or acts originally charged if the original court did not | | enter a finding prior to dismissal that the person committed the | | act or acts charged. |
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