LD 1321
pg. 5
Page 4 of 17 An Act To Establish a Process for the Civil Commitment of Certain Sexual Offend... Page 6 of 17
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LR 37
Item 1

 
C.__Cross-examine witnesses who testify against the person;
and

 
D.__View and copy all petitions and reports in the court
file.

 
5.__Evaluation.__If the judge makes a determination of
probable cause, the judge shall direct that the person be
transferred to an appropriate facility for an evaluation of
whether the person is a sexually violent predator.__The
evaluation must be conducted by a person who is determined to be
professionally qualified to conduct the evaluation pursuant to
rules adopted by the department.__When adopting rules regarding
professional qualifications, the department shall consult with
the Department of Corrections.

 
6.__Confinement. If probable cause is found under this
section, the person alleged to be a sexually violent predator may
not be released from confinement prior to trial under section
3925.

 
§3925.__Trial

 
1.__Timing.__Within 45 days after a determination of probable
cause under section 3924, the court shall conduct a trial to
determine if the person is a sexually violent predator.__The
trial may be continued upon the request of either party with a
showing of good cause or by the court on its own motion when the
person alleged to be a sexually violent predator will not be
substantially prejudiced.

 
2.__Right to counsel.__A person alleged to be a sexually
violent predator is entitled to the assistance of counsel at all
stages of proceedings under this subchapter.__If the person is
determined to be indigent, the court shall appoint counsel.

 
3.__Confinement.__The person alleged to be a sexually violent
predator must be confined in a secure facility for the duration
of the trial.

 
4.__Right to examination.__If a person is subjected to an
examination under this subchapter, the person may retain experts
or professional persons to perform an examination on the person's
behalf.__If the person wishes to be examined by a qualified
expert or professional person of the person's choice, the
examiner may have reasonable access to the person for purposes of
the examination and to any relevant medical and psychological
records and reports.__If a person is indigent, the court shall,
upon the person's request, assist the person in obtaining an


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