§ 10.06 Petition and hearing.\n (a) If the case review team finds that a respondent is a sex offender\nrequiring civil management, then the attorney general may file a sex\noffender civil management petition in the supreme court or county court\nof the county where the respondent is located. In determining whether to\nfile such a petition, the attorney general shall consider information\nabout any continuing supervision to which the respondent will be subject\nas a result of criminal conviction, and shall take such supervision into\naccount when assessing the need for further management as provided by\nthis article. If the attorney general elects to file a sex offender\ncivil management petition, he or she shall serve a copy of the petition\nupon the respondent. The petition shall contain a statement or\nstatements alleging facts of an evidentiary character tending to support\nthe allegation that the respondent is a sex offender requiring civil\nmanagement. The attorney general shall seek to file the petition within\nthirty days after receiving notice of the case review team's finding,\nbut failure to do so within that period shall not affect the validity of\nthe petition.\n (b) Within ten days after the attorney general files a sex offender\ncivil management petition, the respondent may file in the same court a\nnotice of removal to the county of the underlying criminal sex offense\ncharges. The attorney general may, in the court in which the petition is\npending, move for a retention of venue. Such motion shall be made within\nfive days after the attorney general is served with a notice of removal,\nwhich time may be extended for good cause shown. The court shall grant\nthe motion if the attorney general shows good cause for such retention.\nIf the attorney general does not timely move for a retention of venue,\nor does so move and the motion is denied, then the proceedings shall be\ntransferred to the county of the underlying criminal sex offense\ncharges. If the respondent does not timely file a notice of removal, or\nthe attorney general moves for retention of venue and such motion is\ngranted, then the proceedings shall continue where the petition was\nfiled.\n (c) Promptly upon the filing of a sex offender civil management\npetition, or upon a request to the court by the attorney general for an\norder pursuant to subdivision (d) of this section that a respondent\nsubmit to an evaluation by a psychiatric examiner, whichever occurs\nearlier, the court shall appoint counsel in any case where the\nrespondent is financially unable to obtain counsel. The court shall\nappoint the mental hygiene legal service if possible. In the event that\nthe court determines that the mental hygiene legal service cannot accept\nappointment, the court shall appoint an attorney eligible for\nappointment pursuant to article eighteen-B of the county law, or an\nentity, if any, that has contracted for the delivery of legal\nrepresentation services under subdivision (c) of section 10.15 of this\narticle. Counsel for the respondent shall be provided with copies of the\nwritten notice made by the case review team, the petition and the\nwritten reports of the psychiatric examiners.\n (d) At any time after receiving notice pursuant to subdivision (b) of\nsection 10.05 of this article, and prior to trial, the attorney general\nmay request the court in which the sex offender civil management\npetition could be filed, or is pending, to order the respondent to\nsubmit to an evaluation by a psychiatric examiner. Upon such a request,\nthe court shall order that the respondent submit to an evaluation by a\npsychiatric examiner chosen by the attorney general and, if the\nrespondent is not represented by counsel, the court shall appoint\ncounsel for the respondent. Following the evaluation, such psychiatric\nexaminer shall report his or her findings in writing to the attorney\ngeneral, to counsel for the respondent, and to the court.\n (e) At any time afte
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