LD 1321
pg. 3
Page 2 of 17 An Act To Establish a Process for the Civil Commitment of Certain Sexual Offend... Page 4 of 17
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LR 37
Item 1

 
1.__When notice required.__When it appears that a person may
meet the criteria of a sexually violent predator, the agency with
jurisdiction over the person shall refer the person in writing to
the district attorney of the district where the person was
charged, 3 months before:

 
A.__The anticipated release from total confinement of a
person who has been convicted of a sexually violent offense;

 
B.__The anticipated release from total confinement of a
person found to have committed a sexually violent offense as
a juvenile;

 
C.__The release of a person who has been charged with a
sexually violent offense and who has been determined to be
incompetent to stand trial pursuant to Title 15, chapter 5;
or

 
D.__The release of a person who has been found not guilty of
a sexually violent offense by reason of mental disease or
defect.

 
2.__Information required.__When providing the notice under
subsection 1, the agency with jurisdiction shall provide the
district attorney with all relevant information, including:

 
A.__A complete copy of the institutional records compiled by
the Department of Corrections relating to the person and any
comparable out-of-state records that are available;

 
B.__All records relating to the psychological or psychiatric
evaluation and treatment of the person;

 
C.__A current record of all prior arrests and convictions,
and full police case reports relating to those arrests and
convictions; and

 
D.__A current mental health evaluation or mental health
records review.

 
§3923.__Petition

 
A prosecuting attorney may file a petition in the Superior
Court alleging that a person is a sexually violent predator and
containing sufficient facts to support the allegation if it
appears that the person may be a sexually violent predator and:

 
1.__Convicted person.__The person was convicted of a sexually
violent offense__and is about to be released from confinement;


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