Arizona Laws 36-3705. Judicial determination of sexually violent person; transfer for evaluation
A. On the filing of a petition pursuant to section 36-3704, the judge shall determine if probable cause exists to believe that the person named in the petition is a sexually violent person.
Terms Used In Arizona Laws 36-3705
- Agency: means any agency that is authorized to direct the release of a person who is serving a sentence or term of confinement or who is receiving treatment, including a state or federal prison, a county jail and the Arizona state hospital or other mental health treatment agency. See Arizona Laws 36-3701
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Sexually violent person: means a person to whom both of the following apply:
(a) Has ever been convicted of or found guilty but insane of a sexually violent offense or was charged with a sexually violent offense and was determined incompetent to stand trial. See Arizona Laws 36-3701
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. If the judge determines that probable cause exists to believe that the person named in the petition is a sexually violent person, the judge shall order that the person be detained in a licensed facility under the supervision of the superintendent of the Arizona state hospital.
C. On motion of the respondent filed within ten days after service of the petition, the court shall hold a probable cause hearing.
D. Within seventy-two hours after a person is detained pursuant to subsection B of this section, the court shall provide the person with notice of and an opportunity to appear at a probable cause hearing to contest the probable cause finding made by the court pursuant to subsection A of this section. At the hearing, the court shall verify the person’s identity and shall determine if probable cause exists to believe that the person is a sexually violent person. At the hearing, the state may rely on the petition that alleges that the person is a sexually violent person and that is filed pursuant to section 36-3704. The state may supplement the information in the petition with additional documentary evidence or live testimony.
E. At the probable cause hearing, the person has the following rights:
1. To present evidence on the person’s behalf.
2. To cross-examine witnesses who testify against the person.
3. To view and copy all documents and reports in the court file.
F. After the hearing, if the court determines probable cause does not exist to believe that the person is a sexually violent person, the court shall dismiss the petition.
G. If at the hearing the court reaffirms that probable cause exists to believe that the person is a sexually violent person, the judge shall order an evaluation as to whether the person is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation.
H. If the respondent has not requested a probable cause hearing within ten days after service of the petition, the court shall order an evaluation as to whether the respondent is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation.
I. The county shall pay the costs of an evaluation conducted pursuant to subsection G or H of this section.
J. The referring agency shall make available to the department of health services all records concerning the person detained pursuant to this section.