Section 10.09. Annual examinations and petitions for discharge

(a)  The  commissioner  shall  provide  the respondent and counsel for
  respondent with an annual written notice of the right  to  petition  the
  court  for  discharge. The notice shall contain a form for the waiver of
  the right to petition for discharge.
    (b) The commissioner shall also assure that each respondent  committed
  under  this  article  shall have an examination for evaluation of his or
  her mental condition made at least once  every  year  by  a  psychiatric
  examiner  who  shall  report  to  the  commissioner  his  or her written
  findings as to whether the  respondent  is  currently  a  dangerous  sex
  offender  requiring confinement. At such time, the respondent also shall
  have the right to be evaluated by an independent  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   such   evaluation,   each
  psychiatric  examiner shall report his or her findings in writing to the
  commissioner and to  counsel  for  respondent.  The  commissioner  shall
  review  relevant  records  and  reports,  along with the findings of the
  psychiatric examiners, and shall make a determination in writing  as  to
  whether  the  respondent is currently a dangerous sex offender requiring
  confinement.
    (c) The commissioner shall annually  forward  the  notice  and  waiver
  form,   along   with  a  report  including  the  commissioner's  written
  determination and the findings of the psychiatric  examination,  to  the
  supreme or county court where the respondent is located.
    (d) The court shall hold an evidentiary hearing as to retention of the
  respondent  within  forty-five days if it appears from one of the annual
  submissions to the court under subdivision (c) of this section (i)  that
  the respondent has petitioned, or has not affirmatively waived the right
  to  petition,  for  discharge,  or  (ii) that even if the respondent has
  waived the right to petition, and the commissioner has  determined  that
  the  respondent  remains a dangerous sex offender requiring confinement,
  the court finds on the basis of the materials described  in  subdivision
  (b)  of this section that there is a substantial issue as to whether the
  respondent remains a dangerous sex offender requiring confinement. At an
  evidentiary hearing on that issue under this subdivision,  the  attorney
  general shall have the burden of proof.
    (e)  If,  at any time, the commissioner determines that the respondent
  no longer  is  a  dangerous  sex  offender  requiring  confinement,  the
  commissioner shall petition the court for discharge of the respondent or
  for  the imposition of a regimen of strict and intensive supervision and
  treatment. The petition shall be served upon the  attorney  general  and
  the  respondent,  and  filed  in  the  supreme or county court where the
  person is located. The court, upon review of the petition, shall  either
  order the requested relief or order that an evidentiary hearing be held.
    (f)  The  respondent  may at any time petition the court for discharge
  and/or release to the community under a regimen of strict and  intensive
  supervision  and  treatment.  Upon  review of the respondent's petition,
  other  than  in  connection  with  annual  reviews   as   described   in
  subdivisions  (a), (b) and (d) of this section, the court may order that
  an evidentiary hearing be held, or may deny an evidentiary  hearing  and
  deny  the petition upon a finding that the petition is frivolous or does
  not provide sufficient basis for reexamination prior to the next  annual
  review.   If   the  court  orders  an  evidentiary  hearing  under  this
  subdivision, the attorney general shall have the burden of proof  as  to
  whether  the  respondent is currently a dangerous sex offender requiring
  confinement.

    (g) In connection  with  any  evidentiary  hearing  held  pursuant  to
  subdivision (d), (e), or (f) of this section, upon the request of either
  party  or  upon  its  own motion, the court may direct the submission of
  evidence, and may order a psychiatric evaluation if the court finds that
  any  available  examination  reports  are  not  current or otherwise not
  sufficient.
    (h) At the conclusion of an evidentiary hearing, if the court finds by
  clear and  convincing  evidence  that  the  respondent  is  currently  a
  dangerous  sex  offender requiring confinement, the court shall continue
  the respondent's confinement. Otherwise the court, unless it finds  that
  the  respondent no longer suffers from a mental abnormality, shall issue
  an order providing for the discharge of the respondent to a  regimen  of
  strict and intensive supervision and treatment pursuant to section 10.11
  of this article.