§ 14-208.20. Sexually violent predator determination; notice of intent; presentence investigation.
Part 3. Sexually Violent PredatorRegistration Program.
§ 14‑208.20. Sexuallyviolent predator determination; notice of intent; presentence investigation.
(a) When a person ischarged by indictment or information with the commission of a sexually violent offense,the district attorney shall decide whether to seek classification of theoffender as a sexually violent predator if the person is convicted. If thedistrict attorney intends to seek the classification of a sexually violentpredator, the district attorney shall within the time provided for the filingof pretrial motions under G.S. 15A‑952 file a notice of the districtattorney's intent. The court may for good cause shown allow late filing of thenotice, grant additional time to the parties to prepare for trial, or makeother appropriate orders.
(b) Prior to sentencinga person as a sexually violent predator, the court shall order a presentenceinvestigation in accordance with G.S. 15A‑1332(c). However, the study ofthe defendant and whether the defendant is a sexually violent predator shall beconducted by a board of experts selected by the Department of Correction. Theboard of experts shall be composed of at least four people. Two of the boardmembers shall be experts in the field of the behavior and treatment of sexualoffenders, one of whom shall be selected from a panel of experts in thosefields provided by the North Carolina Medical Society and not employed with theDepartment of Correction or employed on a full‑time basis with any otherState agency. One of the board members shall be a victims' rights advocate, andone of the board members shall be a representative of law enforcement agencies.
(c) When the defendantis returned from the presentence commitment, the court shall hold a sentencinghearing in accordance with G.S. 15A‑1334. At the sentencing hearing, thecourt shall, after taking the presentencing report under advisement, makewritten findings as to whether the defendant is classified as a sexuallyviolent predator and the basis for the court's findings. (1997‑516, s. 1; 2001‑373,s. 6.)