| | | 1.__When notice required.__When it appears that a person may | | meet the criteria of a sexually violent predator, the agency with | | jurisdiction over the person shall refer the person in writing to | | the district attorney of the district where the person was | | charged, 3 months before: |
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| | | A.__The anticipated release from total confinement of a | | person who has been convicted of a sexually violent offense; |
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| | | B.__The anticipated release from total confinement of a | | person found to have committed a sexually violent offense as | | a juvenile; |
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| | | C.__The release of a person who has been charged with a | | sexually violent offense and who has been determined to be | | incompetent to stand trial pursuant to Title 15, chapter 5; | | or |
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| | | D.__The release of a person who has been found not guilty of | | a sexually violent offense by reason of mental disease or | | defect. |
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| | | 2.__Information required.__When providing the notice under | | subsection 1, the agency with jurisdiction shall provide the | | district attorney with all relevant information, including: |
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| | | A.__A complete copy of the institutional records compiled by | | the Department of Corrections relating to the person and any | | comparable out-of-state records that are available; |
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| | | B.__All records relating to the psychological or psychiatric | | evaluation and treatment of the person; |
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| | | C.__A current record of all prior arrests and convictions, | | and full police case reports relating to those arrests and | | convictions; and |
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| | | D.__A current mental health evaluation or mental health | | records review. |
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| | | A prosecuting attorney may file a petition in the Superior | | Court alleging that a person is a sexually violent predator and | | containing sufficient facts to support the allegation if it | | appears that the person may be a sexually violent predator and: |
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| | | 1.__Convicted person.__The person was convicted of a sexually | | violent offense__and is about to be released from confinement; |
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