¹916.35 Determination of probable cause; hearing; evaluation; respondent taken into custody; bail.--

1. (1) When the state attorney files a petition seeking to have a person declared a sexually violent predator, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the judge determines that there is probable cause to believe that the person is a sexually violent predator, the judge shall direct that the person be taken into custody and held in an appropriate secure facility.

2. (2) Before the release from custody of a person whom the multidisciplinary team recommends for civil commitment, but after the state attorney files a petition under s. 916.33, the state attorney may further petition the court for an adversarial probable cause hearing. The person shall be provided with notice of, and an opportunity to appear in person at, an adversarial hearing. At this hearing, the judge shall:

   1. (a) Receive evidence and hear argument from the person and the state attorney; and
   2. (b) Determine whether probable cause exists to believe that the person is a sexually violent predator.

3. (3) At the probable cause hearing, the person has the right to:

   1. (a) Be represented by counsel;
   2. (b) Present evidence;
   3. (c) Cross-examine any witnesses who testify against the person; and
   4. (d) View and copy all petitions and reports in the court file.
4. (4) If the court again concludes that there is probable cause to believe that the person is a sexually violent predator, the court shall direct that the person be held in an appropriate secure facility in the county where the petition was filed for an evaluation by a mental health professional.

5. (5) After a court finds probable cause to believe that the person is a sexually violent predator, the person must be held in custody in a secure facility without opportunity for pretrial release or release during the trial proceedings.

   ¹Note.--Section 22, ch. 98-64, provides that "[t]he Department of Children and Family Services may contract with a private entity or state agency for use of and operations of facilities to comply with the requirements of this act. The Department of Children and Family Services may also contract with the Correctional Privatization Commission as defined in chapter 957 to issue a request for proposals and monitor contract compliance for these services."

History.--s. 7, ch. 98-64.