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House Journal: Page 1580: Tuesday, April 14, 1998

14   court and the attorney general.  The court, upon
15   receipt of the petition for discharge, shall order a
16   hearing within thirty days.  The attorney general
17   shall represent the state, and shall have the right to
18   have the petitioner examined by an expert or
19   professional person of the attorney general's choice.
20   The hearing shall be before a jury if demanded by
21   either the petitioner or the attorney general.  The
22   burden of proof shall be upon the attorney general to
23   show beyond a reasonable doubt that the petitioner's
24   mental abnormality or personality disorder remains
25   such that the petitioner is not safe to be at large
26   and that if discharged is likely to commit predatory
27   acts or sexually violent offenses.
28     Sec. ___.  NEW SECTION.  229A.11  SUBSEQUENT
29   DISCHARGE PETITIONS, LIMITATIONS.
30     Nothing in this chapter shall prohibit a person
31   from filing a petition for discharge pursuant to this
32   chapter.  However, if a person has previously filed a
33   petition for discharge without the authorization of
34   the director of human services, and the court
35   determines either upon review of the petition or
36   following a hearing that the petition was frivolous or
37   that the petitioner's condition had not so changed
38   that the person was safe to be at large, then the
39   court shall summarily deny the subsequent petition
40   unless the petition contains facts upon which a court
41   could find the condition of the petitioner had so
42   changed that a hearing was warranted.  Upon receipt of
43   a first or subsequent petition from a committed person
44   without the director's authorization, the court shall
45   endeavor whenever possible to review the petition and
46   determine if the petition is based upon frivolous
47   grounds.  If the court determines that a petition is
48   frivolous, the court shall deny the petition without a
49   hearing.
50     Sec. ___.  NEW SECTION.  229A.12  DIRECTOR OF HUMAN

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 1   SERVICES - RESPONSIBILITY FOR COSTS - DUTIES -
 2   REIMBURSEMENT.
 3     The director of human services shall be responsible
 4   for all costs relating to the evaluation and treatment
 5   of persons committed to the director's custody under
 6   any provision of this chapter.  Reimbursement may be
 7   obtained by the director from the patient and any
 8   person legally liable or bound by contract for the
 9   support of the patient for the cost of care and
10   treatment provided.
11     Sec. ___.  NEW SECTION.  229A.13  NOTICE TO VICTIMS
12   OF DISCHARGE OF PERSONS COMMITTED.
13     In addition to any other information required to be

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