3.__Incompetent to stand trial.__The person was charged with a sexually violent offense and was determined to be incompetent to stand trial and is about to be released or has been released from confinement;

4.__Not guilty by reason of mental disease or defect.__The__ person was found not guilty of a sexually violent offense by reason of mental disease or defect and is about to be released or has been released from confinement; or

5.__Post-conviction release.__The person was convicted of a sexually violent offense, has been released from total confinement and has committed a recent overt act.

§3924.__Probable cause hearing; evaluation

1.__Determination of probable cause.__Upon the filing of a petition under this subchapter, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator.__If the judge determines that probable cause exists, the judge shall direct that the person named in the petition be taken into custody by a law enforcement officer or by the department.

2.__Hearing.__Within 72 hours after a person is taken into custody under subsection 1, the court shall give the person notice of and an opportunity to appear in person at a hearing to contest probable cause as to whether the person is a sexually violent predator.__At the hearing, the court shall verify the person's identity and determine whether probable cause exists to believe that the person is a sexually violent predator.

3.__Evidence.__The prosecuting attorney may rely on the petition for determination of probable cause.__The prosecuting attorney may supplement the information in the petition with additional documentary evidence or live testimony.

4.__Rights of person charged.__At the hearing required by this section, the person alleged to be a sexually violent predator has the right to:

A.__Be represented by counsel;

B.__Present evidence on the person's behalf;