632.489. Probable cause determined--sexually violent predator taken into custody, when--hearing, procedure--examination by department of mental health.
Probable cause determined--sexually violent predator taken intocustody, when--hearing, procedure--examination by department ofmental health.
632.489. 1. Upon filing a petition pursuant to section 632.484 or632.486, the judge shall determine whether probable cause exists to believethat the person named in the petition is a sexually violent predator. Ifsuch probable cause determination is made, the judge shall direct thatperson be taken into custody and direct that the person be transferred toan appropriate secure facility, including, but not limited to, a countyjail. If the person is ordered to the department of mental health, thedirector of the department of mental health shall determine the appropriatesecure facility to house the person under the provisions of section632.495.
2. Within seventy-two hours after a person is taken into custodypursuant to subsection 1 of this section, excluding Saturdays, Sundays andlegal holidays, such person shall be provided with notice of, and anopportunity to appear in person at, a hearing to contest probable cause asto whether the detained person is a sexually violent predator. At thishearing the court shall:
(1) Verify the detainee's identity; and
(2) Determine whether probable cause exists to believe that theperson is a sexually violent predator. The state may rely upon thepetition and supplement the petition with additional documentary evidenceor live testimony.
3. At the probable cause hearing as provided in subsection 2 of thissection, the detained person shall have the following rights in addition tothe rights previously specified:
(1) To be represented by counsel;
(2) To present evidence on such person's behalf;
(3) To cross-examine witnesses who testify against such person; and
(4) To view and copy all petitions and reports in the court file,including the assessment of the multidisciplinary team.
4. If the probable cause determination is made, the court shalldirect that the person be transferred to an appropriate secure facility,including, but not limited to, a county jail, for an evaluation as towhether the person is a sexually violent predator. If the person isordered to the department of mental health, the director of the departmentof mental health shall determine the appropriate secure facility, which mayinclude a county jail as set forth in section 632.495, to house the person. The court shall direct the director of the department of mental health tohave the person examined by a psychiatrist or psychologist as defined insection 632.005 who was not a member of the multidisciplinary team thatpreviously reviewed the person's records. In addition, such person may beexamined by a consenting psychiatrist or psychologist of the person'schoice at the person's own expense. Any examination shall be conducted inthe facility in which the person is confined. Any examinations orderedshall be made at such time and under such conditions as the court deemsproper; except that, if the order directs the director of the department ofmental health to have the person examined, the director shall determine thetime, place and conditions under which the examination shall be conducted.The psychiatrist or psychologist conducting such an examination shall beauthorized to interview family and associates of the person being examined,as well as victims and witnesses of the person's offense or offenses, foruse in the examination unless the court for good cause orders otherwise.The psychiatrist or psychologist shall have access to all materialsprovided to and considered by the multidisciplinary team and to any policereports related to sexual offenses committed by the person being examined.Any examination performed pursuant to this section shall be completed andfiled with the court within sixty days of the date the order is received bythe director or other evaluator unless the court for good cause ordersotherwise. One examination shall be provided at no charge by thedepartment. All costs of any subsequent evaluations shall be assessed tothe party requesting the evaluation.
(L. 1998 H.B. 1405, et al. § 4, A.L. 1999 H.B. 852, A.L. 2006 H.B. 1698, et al., A.L. 2009 H.B. 826 merged with S.B. 435)