Proving a Person Is Sexually Violent Person Beyond a Reasonable Doubt
Before a person may be confined under the a sexually violent person Act, that person's mental disorder and dangerousness must be proved beyond a reasonable doubt. Martin, 195 Ariz. at 299, P 4, 987 P.2d at 785; A.R.S. 36-3707 (A) (Supp. 1999-2000).
To guard against the risk of an erroneous detention, see Martin, 195 Ariz. at 318, P 85, 987 P.2d at 804, the SVP Act requires that the court appoint mental health experts to examine and evaluate the potential SVP. A.R.S. 36-3705(G) (Supp. 1999-2000).
The question presented is whether A.R.S. section 36- 3703(A) requires that the mental health experts conduct their psychological examinations "simultaneously." That section provides as follows:
If a person is subject to an examination under this article, each party may select a competent professional to perform simultaneous evaluations of the person. the parties may stipulate to an evaluation by only one competent professional. Id.