LD 1321
pg. 7
Page 6 of 17 An Act To Establish a Process for the Civil Commitment of Certain Sexual Offend... Page 8 of 17
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LR 37
Item 1

 
2.__Procedures.__The hearing required by this section must
comply with all the procedures specified in section 3926.__In
addition the rules of evidence applicable in criminal cases
apply, and all constitutional rights available to defendants at
criminal trials other than the right not to be tried while
incompetent apply.

 
3.__Findings.__After hearing evidence on the question of
whether the person committed the act or acts originally charged,
the court shall make specific findings on:

 
A.__Whether the person did commit the act or acts;

 
B.__The extent to which the person's incompetence or
developmental disability affected the outcome of the
original hearing, including its effect upon the ability to
consult with and assist counsel and to testify on the
person's own behalf, and the extent to which the evidence
could be reconstructed without the assistance of the person;
and

 
C.__The strength of the prosecution's case.

 
4.__Effect of determination.__If, after the conclusion of the
hearing on whether the person committed the act or acts
originally charged, the court finds beyond a reasonable doubt
that the person did commit the act or acts charged, the court
shall enter a final order and may proceed to consider whether the
person should be committed pursuant to this subchapter.

 
§3928.__Place of confinement

 
Confinement must be in a secure facility that is appropriate
for persons confined as a result of criminal incompetency, except
that confinement may be to a county jail or a correctional
facility for up to 7 days pending proceedings under this
subchapter.

 
§3929.__Annual examination of confined person

 
A person committed under this subchapter must be examined at
least once each year to determine the person's mental condition.__
A report of the examination must be submitted to the court that
committed the person and must consider whether conditional
release to a less restrictive alternative is in the best interest
of the person and will adequately protect the community.__The
person may retain or, if the person is indigent and so requests,
the court may appoint a qualified expert or a professional person


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