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House Journal: Page 1575: Tuesday, April 14, 1998

14   attorney general may file a petition, within seventy-
15   five days of the date the attorney general received
16   the written notice by the agency of jurisdiction
17   pursuant to section 229A.3, alleging that the person
18   is a sexually violent predator and stating sufficient
19   facts to support such an allegation.
20     Sec. ___.  NEW SECTION.  229A.5  PERSON TAKEN INTO
21   CUSTODY, DETERMINATION OF PROBABLE CAUSE, HEARING,
22   EVALUATION.
23     1.  Upon filing of a petition under section 229A.4,
24   the court shall make a preliminary determination as to
25   whether probable cause exists to believe that the
26   person named in the petition is a sexually violent
27   predator.  Upon a preliminary finding of probable
28   cause, the court shall direct that the person named in
29   the petition be taken into custody and that the person
30   be served with a copy of the petition and any
31   supporting documentation and notice of the procedures
32   required by this chapter.
33     2.  Within seventy-two hours after being taken into
34   custody, a hearing shall be held to determine whether
35   probable cause exists to believe the detained person
36   is a sexually violent predator.  At the probable cause
37   hearing, the detained person shall have the following
38   rights:
39     a.  To be provided with prior notice of date, time,
40   and location of the probable cause hearing.
41     b.  To respond to the preliminary finding of
42   probable cause.
43     c.  To appear in person at the hearing.
44     d.  To be represented by counsel.
45     e.  To present evidence on the respondent's own
46   behalf.
47     f.  To cross-examine witnesses who testify against
48   the respondent.
49     g.  To view and copy all petitions and reports in
50   the possession of the court.

Page 5

 1     3.  At the hearing, the state may rely upon the
 2   petition filed under subsection 1 but may also
 3   supplement the petition with additional documentary
 4   evidence or live testimony.
 5     4.  At the conclusion of the hearing, the court
 6   shall enter an order which does both of the following:
 7     a.  Verifies the respondent's identity.
 8     b.  Determines whether probable cause exists to
 9   believe that the respondent is a sexually violent
10   predator.
11     5.  If the court determines that probable cause
12   does exist, the court shall direct that the respondent
13   be transferred to an appropriate secure facility,

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Last update: Thu Apr 16 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01575.html
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