RULE 4.240. TRIAL PROCEEDINGS AFTER FINDING OF
PROBABLE CAUSE; 5 DAY STATUS HEARING;
DETERMINATION OF COUNSEL FOR THE
RESPONDENT; WAIVER OF TIME LIMITATIONS

(a) The court shall conduct a status hearing within 5 days
after the summons is served. At the hearing, the court shall
determine if the respondent is entitled to court appointed counsel,
and appoint counsel if the respondent requests it. The respondent
shall be given a reasonable time to obtain private counsel if time is
requested for that purpose. A Faretta inquiry shall be conducted if
the respondent elects self representation. The trial to determine if
the respondent is a sexually violent predator shall be commenced
within 30 days after the summons has been returned served and
filed with the clerk of the court, unless the respondent waives the
30 day time period in writing, with a copy to the assigned judge, or
on the record in open court. The court shall set a trial date not less
than 90 days after the date of the waiver of the 30 day period.
Further continuances shall be allowed only on good cause shown.
A future trial date shall be set if a further continuance is allowed.
(b) The trial shall be to the court without a jury unless the
state attorney or the respondent files a demand for jury trial in
accordance with rule 4.430.

(c) The burden of proof for the judge or jury to determine if
the respondent is a sexually violent predator is clear and convincing
evidence.

(d) The court shall enter final judgment for the petitioner if
the jury unanimously finds the respondent to be a sexually violent
predator.

(e) The court shall declare a mistrial if the jury cannot reach
a unanimous verdict. The court shall poll the jury before it is
discharged to determine if at least four jurors would have found the
respondent to be a sexually violent predator.

(1) A re-trial shall be scheduled if at least four jurors
would have found the respondent to be a sexually violent predator.
The re-trial on the petition must commence within 90 days after the
date of the mistrial, unless the case is continued at the request of
the respondent for good cause. The court shall enter final judgment
for the respondent if the re-trial is not commenced within 90 days
from the date of the mistrial unless the respondent has waived the
time limit by receiving a continuance.

(2) If three or more jurors do not find that the
respondent is a sexually violent predator, the court shall enter a
final judgment in favor of the respondent.