(a) A respondent committed after a trial shall be entitled to examination of his or her mental condition at least one time each year. Examinations may be ordered more frequently at the discretion of the court.
(b) The respondent may retain, or if indigent, the court may appoint, a qualified professional to conduct the examination. The examiner shall be given access to all records concerning the respondent.
(c) The report stating the result of any examination conducted pursuant to paragraph (a) or (b) shall be provided to the court for review.
(d) A respondent who receives written notice of the examination, and waives his or her rights to confidentiality of the result, and who petitions the court over the objection of the director of the facility where the respondent is housed, has the right to a hearing limited to determining whether probable cause exists to believe the respondent’s condition has so changed, that it is safe for the respondent to be at large, and that the respondent will not engage in acts of sexual violence if discharged. Both the state attorney and the respondent may present evidence. The respondent has the right to be represented by counsel and the right to be present at the hearing.
(e) If it is determined that there is sufficient probable cause to believe it is safe to release the person, the court shall set the petition for a non-jury trial.
(f) The state attorney shall have the right to have the person examined by professionals chosen by the state prior to the trial.
(g) The burden is on the state to prove, by clear and convincing evidence, that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence.
(h) At the conclusion of any trial conducted under this rule, the judge shall enter an appropriate final judgment which shall be appealable pursuant to the applicable Rules of Appellate Procedure.