LD 1321
pg. 8
Page 7 of 17 An Act To Establish a Process for the Civil Commitment of Certain Sexual Offend... Page 9 of 17
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LR 37
Item 1

 
to examine the person.__The expert or professional person must have
access to all records concerning the person.

 
§3930.__Rights of committed person

 
1.__Legal rights.__A person whose liberty is restricted under
this subchapter does not forfeit any legal right or suffer any
legal disability as a result of any actions taken under this
subchapter except as specifically provided in this subchapter.

 
2.__Right to care and treatment.__A person committed under
this subchapter has the right to adequate care and individualized
treatment.__The department shall keep records of medical, expert
and professional care and treatment received by a committed
person and shall keep copies of all reports of periodic
examinations made pursuant to this subchapter.__Records kept by
the department under this section must be made available to the
committed person, the committed person's attorney, the
prosecuting attorney, the court, the protection and advocacy
agency designated under Title 5, chapter 511 or an expert or
professional person who demonstrates a need for access to the
records.

 
3.__Safeguarding personal property.__When a person is taken
into custody or transferred to a secure facility pursuant to a
petition under this subchapter, the person in charge of the
facility shall take reasonable precautions to inventory and
safeguard the personal property of the person detained or
transferred.__A copy of the inventory, signed by the person
making it, must be given to the person detained and must be open
to inspection by any responsible person, subject by conditions
imposed by the detained person.__For purposes of this subsection,
"responsible person" includes the guardian, conservator,
attorney, spouse, parent, adult child or adult sibling of the
person detained.__The facility may not disclose the contents of
the inventory to any person other than a responsible person
without the consent of the detained person or an order of the
court.

 
4.__Seeking release.__This subchapter does not prohibit a
person who has been committed from exercising any right otherwise
available for the purpose of obtaining release from confinement,
including the right to petition for a writ of habeas corpus.

 
§3931.__Petition for release

 
1.__Petition by commissioner.__If the commissioner determines
that a committed 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


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