ADVERSARIAL PROBABLE CAUSE HEARING

(a) Time; Waiver. An adversarial probable cause hearing must be held, within 5 days after service of a demand upon the petitioner, if the court determines that the failure to begin a trial in accordance with the time provided in rule 4.240(a) is not the result of any delay caused by the respondent and the time limitation to begin the hearing has not been waived. The respondent may waive the adversarial probable cause hearing in writing or on the record in open court.

(b) If Respondent in Department of Children and Family Services Custody. An adversarial probable cause hearing must be held, within 5 days after service of a demand upon the petitioner, if the respondent’s incarcerative sentence has expired and the respondent has been transferred to the custody of the Department of Children and Family Services.

(c) Probable Cause. The court must receive evidence, hear argument of the attorneys, and determine whether probable cause exists to believe that the person is a sexually violent predator at the adversarial probable cause hearing.

(d) Rights of Respondent. At the adversarial probable cause hearing, the respondent has the right to:

(1) be represented by counsel;

(2) present testimony and other evidence;

(3) cross-examine any witnesses who testify against the respondent; and

(4) view and copy all petitions and reports in the court file.

(e) If No Probable Cause. The court must issue an Order of No Probable Cause and release the respondent from custody if the evidence does not establish probable cause to believe the respondent is a sexually violent predator.