TRIAL PROCEEDINGS AFTER FINDING OF PROBABLE CAUSE

(a) 5 Day Status Hearing; Time for Trial; Waiver of Time. The court must conduct a status hearing within 5 days after the summons is served. At the hearing, the court must determine if the respondent is entitled to court appointed counsel and must appoint counsel if the respondent qualifies for and requests counsel. The respondent must be given a reasonable time to obtain private counsel if time is requested for that purpose. A Faretta inquiry must be conducted if the respondent unequivocally elects self-representation. The trial to determine if the respondent is a sexually violent predator must be commenced within 30 days after the summons has been returned served and filed with the clerk of the court, unless the respondent waives the 30-day time period in writing, with a copy to the assigned judge, or on the record in open court. The court must set a trial date not less than 90 days after the date of the waiver of the 30-day period. Further continuances will be allowed only on good cause shown. A future trial date must be set if a further continuance is allowed.

(b) Non-Jury or Jury Trial. The trial will be a non-jury trial unless either party files a demand for jury trial in accordance with rule 4.430.

(c) Burden of Persuasion. The burden of proof to determine if the respondent is a sexually violent predator is clear and convincing evidence.

(d) Unanimity. The court must enter final judgment for the petitioner if a jury unanimously finds the respondent to be a sexually violent predator.

(e) Hung Jury; Time for Re-Trial. The court must declare a mistrial if the jury cannot reach a unanimous verdict. The court must poll the jury before it is discharged to determine if at least four jurors would have found the respondent to be a sexually violent predator.

(1) A re-trial must be scheduled if at least four jurors would have found the respondent to be a sexually violent predator. The re-trial on the petition must commence within 90 days after the date of the mistrial, unless the case is continued at the request of the respondent for good cause. The court must enter final judgment for the respondent if the re-trial is not commenced within 90 days from the date of the mistrial unless the respondent has waived the time limit by receiving a continuance.

(2) If three or more jurors do not find the respondent is a sexually violent predator, the court must enter a final judgment in favor of the respondent.