California, United States of America
The following excerpt is from People v. MADERA, F058655, No. FP003510A (Cal. App. 2011):
If the court so determines, the second stage of judicial proceedings is a probable cause hearing, at which the inmate has the right to receive the assistance of counsel, to present "oral and written evidence," and to "challenge the accuracy" of the evaluations by cross-examination of the experts . (Cooley v. Superior Court (2002) 29 Cal.4th 228, 245, fn. 8 (Cooley); 6602, subd. (a).) At the probable cause hearing, the court determines "whether there is probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release." ( 6602, subd. (a).) If the court so determines, the third stage of judicial proceedings is a trial, at which the court or the jury determines "whether the person is, by reason of a diagnosed mental disorder, a danger to the health and safety of others in that the person is likely to engage in acts of sexual violence upon his or her release." (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.