POST COMMITMENT PROCEEDINGS

(a) Examination. A respondent committed after a trial is entitled to examination of his or her mental condition at least one time each year. Examinations may be ordered more frequently at the discretion of the court.

(b) Expert. The respondent may retain, or if indigent, the court may appoint, a qualified professional to conduct the examination. The examiner must be given access to all records concerning the respondent.

(c) Court Review. The report stating the result of any examination conducted pursuant to paragraph (a) or (b) must be provided to the court for review.

(d) Probable cause review. A respondent who receives written notice of the examination, and waives his or her rights to confidentiality of the result, and who petitions the court over the objection of the director of the facility where the respondent is housed, has the right to a hearing limited to determining whether probable cause exists to believe the respondent’s condition has so changed, that it is safe for the respondent to be at large, and that the respondent will not engage in acts of sexual violence if discharged. Both parties may present evidence. The respondent has the right to be represented by counsel and the right to be present at the hearing.

(e) Non-jury trial. If it is determined that there is sufficient probable cause to believe it is safe to release the person, the court must set the petition for a non-jury trial.

(f) State Experts. The state has the right to have the person examined by professionals chosen by the state prior to the trial.

(g) Burden of persuasion. The burden is on the state to prove, by clear and convincing evidence, that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence.

(h) Appeal. At the conclusion of any trial conducted under this rule, the judge must enter an appropriate final judgment which is appealable pursuant to the applicable Rules of Appellate Procedure.