§ 12-12-918 - Classification as sexually violent predator.
12-12-918. Classification as sexually violent predator.
(a) (1) In order to classify a person as a sexually violent predator, a prosecutor may allege on the face of an information that the prosecutor is seeking a determination that the defendant is a sexually violent predator.
(2) (A) If the defendant is adjudicated guilty, the court shall enter an order directing an examiner qualified by the Sex Offender Assessment Committee to issue a report to the sentencing court that recommends whether or not the defendant should be classified as a sexually violent predator.
(B) Copies of the report shall be forwarded immediately to the prosecutor and to the defense attorney.
(C) The report shall not be admissible for purposes of sentencing.
(3) After sentencing, the court shall make a determination regarding the defendant's status as a sexually violent predator.
(b) (1) In order for the examiner qualified by the committee to prepare the report:
(A) The defendant may be sent for evaluation to a facility designated by the Department of Correction; or
(B) The committee may elect to send an examiner to the local or regional detention facility.
(2) The cost of the evaluation shall be paid by the Department of Correction.
(c) (1) Should evidence be found in the course of any assessment conducted by the committee that a defendant appears to meet the criteria for being classified as a sexually violent predator, the committee shall bring this information to the attention of the prosecutor, who will determine whether to file a petition with the court for the defendant to be classified as a sexually violent predator.
(2) The sentencing court shall retain jurisdiction to determine whether a defendant is a sexually violent predator for one (1) year after sentencing or for so long as the defendant remains incarcerated for the sex offense.
(d) (1) The judgment and commitment order should state whether the offense qualifies as an aggravated sex offense.
(2) Should the aggravated sex offense box not be checked on the commitment order, the court will be contacted by the committee and asked to furnish a written determination as to whether the offense qualifies as an aggravated sex offense.