MHL 10 Volume 4 Flashcards
10.08 Procedures under this article
(a) When a respondent submits to an examination, any statement made by respondent for purpose of examination shall be kept confidential and shall be inadmissible in evidence against him or her in any criminal action or proceeding, provided that such statements may be used in proceedings under this article.
10.08 Procedures under this article
(a) When a respondent submits to an examination, any statement made by respondent for purpose of examination shall be kept confidential and shall be inadmissible in evidence against him or her in any criminal action or proceeding, provided that such statements may be used in proceedings under this article.
10.08 Procedures under this article
(b) A psychiatric examiner chosen by attorney general shall have reasonable access to respondent for purpose of such examination, as well as to respondent’s relevant medical, clinical, criminal or other records and reports, except for ______________________
information on the victim.
10.08 Procedures under this article
Commissioner, case review panel and attorney general shall be entitled to request from any agency, office, department or other entity of state, and such entity shall be authorized to provide any and all records and reports relating to respondent’s commission or alleged commission of a sex offense
10.08 Procedures under this article
Commissioner, case review panel and attorney general shall be entitled to request from any agency, office, department or other entity of state, and such entity shall be authorized to provide any and all records and reports relating to respondent’s commission or alleged commission of a sex offense
10.08 Procedures under this article
(d) The attorney general shall make records in his or her possession and relevant to respondent available for inspection or copying by counsel for respondent for purposes of hearing, trial, and appeal provided, except for __________ or matters beyond scope of trial,
victim information
10.08 Procedures under this article
At any hearing or trial pursuant to provisions of this article, court may ___________ of trial to any county for good cause
change venue
10.08 Procedures under this article
Time periods specified by provisions of this article for actions by state agencies are goals that agencies shall try to meet, but failure to act within such periods shall not invalidate later agency action except as explicitly provided by provision in question.
The court may ________ any time period at request, or on consent, of respondent.
extend
10.08 Procedures under this article
(g) In preparing for or conducting any hearing or trial pursuant to provisions of this article, and in preparing any petition under provisions of this article, respondent shall have right to have counsel represent him or her, provided that respondent shall not be entitled to appointment of counsel prior to ________ hearing.
The ____________ shall represent state
probable cause…….attorney general
10.08 Procedures under this article
Any relevant written reports of psychiatric examiners shall be _________, regardless of whether author of report is called to testify, so long as they are __________
In all other proceedings or hearings held pursuant to this article, such admissibility shall require a showing of author’s unavailability to testify, or other good cause. All plea minutes and prior trial testimony from underlying criminal proceeding, and records from previous proceedings under this article, shall be admissible.
admissible…….certified
10.08 Procedures under this article
Each witness, whether called by attorney general or respondent, must, unless he or she would be authorized to give unsworn evidence at a trial, __________ , and may be cross-examined.
testify under oath
10.08 Procedures under this article
The respondent may, as a matter of right, testify in his or her own behalf, call and examine other witnesses, and produce other evidence in his or her behalf.
The _______ may only be subpoenaed with leave of the court.
victim
10.08 Procedures under this article
Either party may request ________ of courtroom, or ________ of papers, for good cause shown.
Closure……..sealing
10.08 Procedures under this article
(h) The procedures and standards set forth in this article governing imposition of conditions upon respondent are intended to be minimum required to provide for protection of public and treatment of respondent.
10.08 Procedures under this article
(h) The procedures and standards set forth in this article governing imposition of conditions upon respondent are intended to be minimum required to provide for protection of public and treatment of respondent.
10.08 Procedures under this article
(h) The procedures and standards set forth in this article governing imposition of conditions upon respondent are intended to be minimum required to provide for protection of public and treatment of respondent.
10.08 Procedures under this article
(h) The procedures and standards set forth in this article governing imposition of conditions upon respondent are intended to be minimum required to provide for protection of public and treatment of respondent.
10.08 Procedures under this article
(1) At a proceeding conducted pursuant to sub (g) or (h) of section 10.06 of this article, a psychiatric examiner may testify, upon good cause shown, by electronic appearance
10.08 Procedures under this article
(1) At a proceeding conducted pursuant to sub (g) or (h) of section 10.06 of this article, a psychiatric examiner called to testify may be permitted, upon good cause shown, to testify by electronic appearance in court by means of an independent audio¬ visual system,
10.08 Procedures under this article
(2) A copy of any clinical record or other document that party calling such psychiatric examiner intends to present to witness or introduce during direct testimony of such psychiatric examiner by electronic appearance shall be provided to opposing counsel and, in a manner consistent with section 33.16 of this chapter, respondent:
(i) _______ days or more before date such person is called to testify by electronic appearance at a standard proceeding, and
(ii) _________ hours or more before date such person is called to testify by electronic appearance for a proceeding when sex offender has been released or will be released and hearing must be held within 72 hours.
Five……… twenty-four
