RULE 4.470. POST COMMITMENT PROCEEDINGS

(a) A respondent committed after a trial shall be entitled to
examination of his or her mental condition at least one time each
year. Examinations may be ordered more frequently at the
discretion of the court.

(b) The respondent may retain, or if indigent, the court may
appoint, a qualified professional to conduct the examination. The
examiner shall be given access to all records concerning the
respondent.

(c) The report stating the result of any examination
conducted pursuant to paragraph (a) or (b) shall be provided to the
court for review.
(d) A respondent who receives written notice of the
examination, and waives his or her rights to confidentiality of the
result, and who petitions the court over the objection of the director
of the facility where the respondent is housed, has the right to a
hearing limited to determining whether probable cause exists to
believe the respondent’s condition has so changed, that it is safe for
the respondent to be at large, and that the respondent will not
engage in acts of sexual violence if discharged. Both the state
attorney and the respondent may present evidence. The respondent
has the right to be represented by counsel and the right to be
present at the hearing.

(e) If it is determined that there is sufficient probable cause
to believe it is safe to release the person, the court shall set the
petition for a non-jury trial.

(f) The state attorney shall have the right to have the person
examined by professionals chosen by the state prior to the trial.

(g) The burden is on the state to prove, by clear and
convincing evidence, that it is not safe for the person to be at large
and that, if released, the person is likely to engage in acts of sexual
violence.

(h) At the conclusion of any trial conducted under this rule,
the judge shall enter an appropriate final judgment which shall be
appealable pursuant to the applicable Rules of Appellate Procedure.