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.

§3926.__Determination

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.

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.

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.

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.

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.

§3927.__Persons who were incompetent to stand trial

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.