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House Journal: Page 1577: Tuesday, April 14, 1998

14   shall have the right to demand that the trial be
15   before a jury.  Such demand for the trial to be before
16   a jury shall be filed, in writing, at least four days
17   prior to trial.  The number and selection of jurors
18   shall be determined as provided in chapter 607A.  If
19   no demand is made, the trial shall be before the
20   court.
21     2.  At trial, the court or jury shall determine
22   whether, beyond a reasonable doubt, the respondent is
23   a sexually violent predator.  If the determination
24   that the respondent is a sexually violent predator is
25   made by a jury, the determination shall be by
26   unanimous verdict of such jury.
27     If the court or jury determines that the respondent
28   is a sexually violent predator, the respondent shall
29   be committed to the custody of the director of the
30   department of human services for control, care, and
31   treatment until such time as the person's mental
32   abnormality has so changed that the person is safe to
33   be at large.  The determination may be appealed.
34     3.  The control, care, and treatment of a person
35   determined to be a sexually violent predator shall be
36   provided at a facility operated by the department of
37   human services.  At all times, persons committed for
38   control, care, and treatment by the department of
39   human services pursuant to this chapter shall be kept
40   in a secure facility and those patients shall be
41   segregated at all times from any other patient under
42   the supervision of the department of human services.
43   A person committed pursuant to this chapter to the
44   custody of the department of human services may be
45   kept in a facility or building separate from any other
46   patient under the supervision of the department of
47   human services.  The department of human services may
48   enter into an interagency agreement with the
49   department of corrections for the confinement of
50   patients who have been determined to be sexually

Page 7

 1   violent predators.  Patients who are in the
 2   confinement of the director of the department of
 3   corrections pursuant to an interagency agreement shall
 4   be housed and managed separately from criminal
 5   offenders in the custody of the director of the
 6   department of corrections, and except for occasional
 7   instances of supervised incidental contact, shall be
 8   segregated from those offenders.
 9     4.  If the court or jury is not satisfied beyond a
10   reasonable doubt that the respondent is a sexually
11   violent predator, the court shall direct the
12   respondent's release.  Upon a mistrial, the court
13   shall direct that the respondent be held at an

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Last update: Thu Apr 16 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01577.html
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