Section 10.06. Petition and hearing

(a)  If the case review team finds that a respondent is a sex offender
  requiring civil management, then the attorney general  may  file  a  sex
  offender  civil management petition in the supreme court or county court
  of the county where the respondent is located. In determining whether to
  file such a petition, the attorney general  shall  consider  information
  about any continuing supervision to which the respondent will be subject
  as a result of criminal conviction, and shall take such supervision into
  account  when  assessing  the need for further management as provided by
  this article. If the attorney general elects  to  file  a  sex  offender
  civil  management petition, he or she shall serve a copy of the petition
  upon  the  respondent.  The  petition  shall  contain  a  statement   or
  statements alleging facts of an evidentiary character tending to support
  the  allegation  that  the  respondent is a sex offender requiring civil
  management. The attorney general shall seek to file the petition  within
  thirty  days  after  receiving notice of the case review team's finding,
  but failure to do so within that period shall not affect the validity of
  the petition.
    (b) Within ten days after the attorney general files  a  sex  offender
  civil  management  petition, the respondent may file in the same court a
  notice of removal to the county of the underlying criminal  sex  offense
  charges. The attorney general may, in the court in which the petition is
  pending, move for a retention of venue. Such motion shall be made within
  five days after the attorney general is served with a notice of removal,
  which  time  may be extended for good cause shown. The court shall grant
  the motion if the attorney general shows good cause for such  retention.
  If  the  attorney general does not timely move for a retention of venue,
  or does so move and the motion is denied, then the proceedings shall  be
  transferred  to  the  county  of  the  underlying  criminal  sex offense
  charges. If the respondent does not timely file a notice of removal,  or
  the  attorney  general  moves  for retention of venue and such motion is
  granted, then the proceedings shall  continue  where  the  petition  was
  filed.
    (c)  Promptly  upon  the  filing  of  a  sex offender civil management
  petition, or upon a request to the court by the attorney general for  an
  order  pursuant  to  subdivision  (d)  of this section that a respondent
  submit to an evaluation by  a  psychiatric  examiner,  whichever  occurs
  earlier,  the  court  shall  appoint  counsel  in  any  case  where  the
  respondent is financially unable to  obtain  counsel.  The  court  shall
  appoint  the mental hygiene legal service if possible. In the event that
  the court determines that the mental hygiene legal service cannot accept
  appointment,  the  court  shall  appoint  an   attorney   eligible   for
  appointment  pursuant  to  article  eighteen-B  of the county law, or an
  entity,  if  any,  that  has  contracted  for  the  delivery  of   legal
  representation  services  under subdivision (c) of section 10.15 of this
  article. Counsel for the respondent shall be provided with copies of the
  written notice made by the  case  review  team,  the  petition  and  the
  written reports of the psychiatric examiners.
    (d)  At any time after receiving notice pursuant to subdivision (b) of
  section 10.05 of this article, and prior to trial, the attorney  general
  may  request  the  court  in  which  the  sex  offender civil management
  petition could be filed, or is  pending,  to  order  the  respondent  to
  submit  to an evaluation by a psychiatric examiner. Upon such a request,
  the court shall order that the respondent submit to an evaluation  by  a
  psychiatric  examiner  chosen  by  the  attorney  general  and,  if  the
  respondent is not  represented  by  counsel,  the  court  shall  appoint
  counsel  for  the respondent. Following the evaluation, such psychiatric

  examiner shall report his or her findings in  writing  to  the  attorney
  general, to counsel for the respondent, and to the court.
    (e)  At  any  time after the filing of a sex offender civil management
  petition, and prior to trial, the respondent may request  the  court  in
  which  the petition is pending to order that he or she be evaluated by a
  psychiatric examiner. Upon such a request,  the  court  shall  order  an
  evaluation  by  a psychiatric examiner. If the respondent is financially
  unable to obtain an examiner, the court shall appoint an examiner of the
  respondent's choice to be paid within  the  limits  prescribed  by  law.
  Following  the evaluation, such psychiatric examiner shall report his or
  her findings in writing to the respondent or counsel for the respondent,
  to the attorney general, and to the court.
    (f) Notwithstanding any other provision of this article, if it appears
  that the respondent may be released prior to the time  the  case  review
  team makes a determination, and the attorney general determines that the
  protection of public safety so requires, the attorney general may file a
  securing  petition  at any time after receipt of written notice pursuant
  to  subdivision  (b)  of  section  10.05  of  this  article.   In   such
  circumstance,  there  shall be no probable cause hearing until such time
  as the case review team may find that the respondent is a  sex  offender
  requiring  civil management. If the case review team determines that the
  respondent is  not  a  sex  offender  requiring  civil  management,  the
  attorney  general  shall  so  advise the court and the securing petition
  shall be dismissed.
    (g) Within  thirty  days  after  the  sex  offender  civil  management
  petition  is  filed,  or  within  such  longer  period  as  to which the
  respondent may consent, the supreme court or county court  before  which
  the  petition  is  pending  shall  conduct  a  hearing without a jury to
  determine whether there is probable cause to believe that the respondent
  is a sex offender requiring civil management.
    (h)  If  the  respondent  was  released  subsequent  to  notice  under
  subdivision  (b)  of  section 10.05 of this article, and is therefore at
  liberty  when  the  petition  is  filed,  the  court  shall  order   the
  respondent's    return    to   confinement,   observation,   commitment,
  recommitment or retention, as applicable, for purposes of  the  probable
  cause  hearing.  When  a  court  issues such an order, the hearing shall
  commence  no  later  than  seventy-two  hours  from  the  date  of   the
  respondent's  return.  If  the  respondent  is  not  at liberty when the
  petition is filed, but becomes eligible to  be  released  prior  to  the
  probable  cause  hearing, the court shall order the stay of such release
  pending the probable cause hearing. When a court issues such  an  order,
  the hearing shall commence no later than seventy-two hours from the date
  of  the  respondent's  anticipated  release  date.  In  either case, the
  release of the respondent shall be in accordance with  other  provisions
  of  law  if  the  hearing  does  not  commence  within  such  period  of
  seventy-two hours, unless: (i) the failure to commence the  hearing  was
  due  to  the respondent's request, action or condition, or occurred with
  his or her consent; or (ii) the court is  satisfied  that  the  attorney
  general  has shown good cause why the hearing could not so commence. Any
  failure to commence the probable cause hearing within the  time  periods
  specified  shall  not  result in the dismissal of the petition and shall
  not  affect  the  validity  of  the  hearing  or  the   probable   cause
  determination.
    (i) The provisions of subdivision (g) of section 10.08 of this article
  shall  be  applicable to the hearing. The hearing should be completed in
  one session but, in the interest of justice, may  be  adjourned  by  the
  court.

    (j)  The  respondent's  commission  of  a  sex offense shall be deemed
  established and shall not be relitigated at the probable cause  hearing,
  whenever  it  appears  that: (i) the respondent stands convicted of such
  offense; (ii) the respondent previously has been found  not  responsible
  by reason of mental disease or defect for the commission of such offense
  or for an act or acts constituting such offense; or (iii) the respondent
  was  indicted  for  such  offense  by  a  grand  jury  but  found  to be
  incompetent to stand trial  for  such  offense.  Whenever  the  petition
  alleges  the respondent's commission of a designated felony prior to the
  effective date of this article, the issue of whether there  is  probable
  cause  to  believe  that  the  commission  of  such offense was sexually
  motivated shall be determined by the court.
    (k) At the conclusion  of  the  hearing,  the  court  shall  determine
  whether  there is probable cause to believe that the respondent is a sex
  offender requiring  civil  management.  If  the  court  determines  that
  probable  cause has not been established, the court shall issue an order
  dismissing the petition,  and  the  respondent's  release  shall  be  in
  accordance  with  other  applicable  provisions  of  law.  If  the court
  determines that probable cause has been established: (i) the court shall
  order that the respondent be committed to a  secure  treatment  facility
  designated  by the commissioner for care, treatment and control upon his
  or her release, provided, however, that a respondent who otherwise would
  be required to be transferred to a secure treatment facility may, upon a
  written consent signed by the respondent and his or her counsel, consent
  to remain in the custody of  the  department  of  correctional  services
  pending the outcome of the proceedings under this article, and that such
  consent  may be revoked in writing at any time; (ii) the court shall set
  a date for trial in accordance with subdivision (a) of section 10.07  of
  this article; and (iii) the respondent shall not be released pending the
  completion of such trial.