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paragraph B, but the person is not entitled to be present at | | the preliminary hearing. |
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| | | 3.__Hearing.__If the court at the preliminary hearing | | determines that probable cause exists to believe that the | | person's mental abnormality or personality disorder has changed | | so that the person is not likely to engage in predatory acts of | | sexual violence if conditionally released to a less restrictive | | alternative or unconditionally discharged, the court shall set a | | hearing on the issue. |
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| | | A. At the hearing, the committed person may be present and | | has the same constitutional protections that are afforded at | | the initial commitment proceeding. |
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| | | B.__The prosecuting attorney shall represent the State and | | may request a jury trial and have the committed person | | evaluated by experts chosen by the State. |
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| | | C.__The committed person has the right to have an expert | | evaluation.__The court shall appoint an expert if the person | | is indigent and requests an appointment. |
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| | | D.__The burden of proof at the hearing is on the State to | | prove beyond a reasonable doubt that the committed person's | | mental abnormality or personality disorder remains such that | | the person is likely to engage in predatory acts of sexual | | violence if conditionally released to a less restrictive | | alternative or unconditionally discharged. |
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| | | §3932.__Court jurisdiction |
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| | | The jurisdiction of the court over a person committed under | | this subchapter continues until the person is unconditionally | | discharged. |
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| | | §3933.__Conditional release to less restrictive alternative; |
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| | | 1.__Finding.__Before the court may enter an order directing | | conditional release to a less restrictive alternative, the court | | must find that: |
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| | | A.__The committed person will be treated by a treatment | | provider who is qualified to provide treatment; |
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| | | B.__The treatment provider has presented a specific course of | | treatment, has agreed to assume responsibility for the treatment, | | will report progress to the court on a regular basis and will | | report violations immediately to the |
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