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House Journal: Page 1579: Tuesday, April 14, 1998

14     3.  Nothing contained in this chapter shall
15   prohibit the person from otherwise petitioning the
16   court for discharge at the probable cause hearing.
17   The director of human services shall provide the
18   committed person with an annual written notice of the
19   person's right to petition the court for discharge
20   over the director's objection.  The notice shall
21   contain a waiver of rights.  The director shall
22   forward the notice and waiver form to the court with
23   the annual report.
24     4.  The committed person shall have a right to have
25   an attorney represent the person at the probable cause
26   hearing but the person is not entitled to be present
27   at the hearing.  If the court at the hearing
28   determines that probable cause exists to believe that
29   the person's mental abnormality has so changed that
30   the person is safe to be at large and will not engage
31   in predatory acts or sexually violent offenses if
32   discharged, then the court shall set a final hearing
33   on the issue.
34     5.  At the final hearing, the committed person
35   shall be entitled to be present and is entitled to the
36   benefit of all constitutional protections that were
37   afforded the person at the original commitment
38   proceeding.  The attorney general shall represent the
39   state and shall have a right to a jury trial and to
40   have the committed person evaluated by experts chosen
41   by the state.  The committed person shall also have
42   the right to have experts evaluate the person on the
43   person's behalf.  The court shall appoint an expert if
44   the person is indigent and requests an appointment.
45   The burden of proof at the hearing shall be upon the
46   state to prove beyond a reasonable doubt that the
47   committed person's mental abnormality or personality
48   disorder remains such that the person is not safe to
49   be at large and if discharged is likely to engage in
50   acts of sexual violence.

Page 9

 1     Sec. ___.  NEW SECTION.  229A.9  DETENTION AND
 2   COMMITMENT TO CONFORM TO CONSTITUTIONAL REQUIREMENTS.
 3     The involuntary detention or commitment of persons
 4   under this chapter shall conform to constitutional
 5   requirements for care and treatment.
 6     Sec. ___.  NEW SECTION.  229A.10  PETITION FOR
 7   DISCHARGE - PROCEDURE.
 8     If the director of human services determines that
 9   the person's mental abnormality has so changed that
10   the person is not likely to commit predatory acts or
11   sexually violent offenses if discharged, the director
12   shall authorize the person to petition the court for
13   discharge.  The petition shall be served upon the

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Last update: Thu Apr 16 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01579.html
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