A.__The petition must be served upon the court and the prosecuting attorney.

B.__The court, upon receipt of the petition for conditional release to a less restrictive alternative or unconditional discharge, shall order a hearing within 45 days.

C.__The prosecuting attorney shall represent the State and may have the petitioner examined by an expert or professional person of the prosecuting attorney's choice.

D.__The hearing must be before a jury if requested by either the petitioner or the prosecuting attorney.

E.__The burden of proof is on the prosecuting attorney to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that it is not safe to discharge the petitioner and that, if conditionally released to a less restrictive alternative or unconditionally discharged, the petitioner is likely to engage in predatory acts of sexual violence.

2.__Petition by committed person.__The committed person may petition the court for conditional release to a less restrictive alternative or unconditional release without the commissioner's approval.

A.__The commissioner shall provide the committed person with written annual notice of the person's right to petition the court for conditional release to a less restrictive alternative or unconditional discharge over the commissioner's objection.__The notice must contain a waiver of rights.

B.__The commissioner shall forward the notice and waiver form to the court with the annual report.__If the person does not affirmatively waive the right to petition, the court shall set a preliminary hearing to determine whether facts exist that warrant a hearing on whether the person's condition has changed so that it is safe for the person to be conditionally released to a less restrictive alternative or to be unconditionally released.

C.__The committed person has the right to have an attorney represent the person at the preliminary hearing required in