When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General must file a petition with the court in the jurisdiction where the person committed the offense and must notify the victim that the committee found that probable cause exists. The Attorney General must also notify the victim of the time, date, and location of the probable cause hearing before the court. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, must request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.
HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
Structure South Carolina Code of Laws
Chapter 48 - Sexually Violent Predator Act
Section 44-48-10. Short title.
Section 44-48-20. Legislative findings.
Section 44-48-30. Definitions.
Section 44-48-50. Multidisciplinary team; appointments; review of records; membership.
Section 44-48-60. Prosecutor's review committee; scope of review; membership requirements.
Section 44-48-70. Petition for probable cause determination.
Section 44-48-80. Determination of probable cause; taking person into custody; hearing; evaluation.
Section 44-48-130. Grounds for denial of petition for release.
Section 44-48-150. Evidentiary records; court order to open sealed records.
Section 44-48-160. Registration of persons released from commitment.
Section 44-48-170. Involuntary detention or commitment; constitutional requirements.