HARRY HUGHES, Governor

661

AGREEMENT OF THE INDIVIDUAL AND THE DEPARTMENT, THE HEARING
SHALL BE HELD WITHIN 30 DAYS AFTER THE COURT ORDERS THE
EXAMINATION AND EVALUATION.

(3)  THE DEPARTMENT SHALL SEND NOTICE OF THE
HEARING:

(I)  TO THE INDIVIDUAL;

(II)  TO COUNSEL FOR THE INDIVIDUAL; AND

(III)  TO THE STATE'S ATTORNEY.

(4)  THE HEARING OFFICER SHALL ISSUE ANY
APPROPRIATE SUBPOENA FOR ANY PERSON OR EVIDENCE. THE COURT
MAY COMPEL OBEDIENCE TO THE SUBPOENA.

(5)  ANY RECORD THAT RELATES TO EVALUATION OR
TREATMENT OF THE INDIVIDUAL BY THIS STATE SHALL BE MADE
AVAILABLE, ON REQUEST, TO THE INDIVIDUAL OR COUNSEL FOR THE
INDIVIDUAL.

(C) SAME -- CONDUCT.

(1)  FORMAL RULES OF EVIDENCE DO NOT APPLY TO THE
HEARING, AND THE HEARING OFFICER MAY ADMIT AND CONSIDER ANY
RELEVANT. EVIDENCE.

(2)  THE HEARING SHALL BE RECORDED, BUT THE
RECORDING MAY NOT BE TRANSCRIBED UNLESS THE COURT ASKS FOR A
TRANSCRIPT.

(3)  THE DEPARTMENT OR ITS DESIGNEE SHALL PRESENT
THE EVALUATION REPORT ON THE INDIVIDUAL AND ANY OTHER
RELEVANT EVIDENCE.

(4)  AT THE HEARING, THE INDIVIDUAL IS ENTITLED:

(I)  TO BE REPRESENTED BY COUNSEL,
INCLUDING, IF THE INDIVIDUAL IS INDIGENT, THE PUBLIC
DEFENDER OR A DESIGNEE OF THE PUBLIC DEFENDER;

(II)  TO BE PRESENT;

(III)  TO OFFER EVIDENCE; AND

(IV)  TO CROSS-EXAMINE ADVERSE WITNESSES.

(5)  AT THE HEARING, THE STATE'S ATTORNEY IS

ENTITLED:

(I) TO BE PRESENT;

(II) TO OFFER EVIDENCE; AND