A. Before a sexually violent person is released from confinement, the following persons
may file a petition in superior court alleging that the person is a sexually violent
person and stating sufficient facts to support that allegation:
1. The county attorney in the county in which a person was found incompetent to stand
trial of, found guilty except insane of or convicted of a sexually violent offense.
2. The county attorney in the county in which the person will be released or the attorney
general if the person was found incompetent to stand trial of, found guilty except
insane of or convicted of a sexually violent offense in another jurisdiction outside
B. The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings
under this article. The court may admit evidence of past acts that would constitute a sexual offense
pursuant to § 13-1420 and the Arizona rules of evidence.
C. The person who is named in the petition is entitled to assistance of counsel at any
proceeding that is conducted pursuant to this article. If the person is indigent, the court shall appoint counsel to assist the person. The county board of supervisors may fix a reasonable amount to be paid by the county
for the services of an appointed attorney.
D. The court's jurisdiction over a person who is civilly committed pursuant to this
article continues until the person is discharged by the court.
E. At any hearing concerning conditions of detention, commitment or treatment at a licensed
facility under the supervision of the superintendent of the Arizona state hospital,
a person who is detained or committed pursuant to this article shall show that the
procedures or actions of the licensed facility have no reasonable basis in fact or
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