13-4000. Independent qualified expert; evaluation
(L21, Ch. 390, sec. 26. Eff. until 7/1/23)
A. Before any hearing before the board, either party may retain an independent qualified expert to evaluate the person and make recommendations to the board.
B. The county of the committing court shall pay all costs associated with the evaluation if the person is indigent.
C. If the person retains a qualified expert, the qualified expert shall provide to the state's expert, on request, all records considered or generated by the qualified expert.
D. If the person retains a qualified expert, the person must submit to the state's evaluation, if requested, or is precluded from presenting the person's own qualified expert opinion.
E. If providing testimony, an independent qualified expert who is retained by either party must provide a written report to the opposing party, the board and the treatment supervisor at least fourteen days before a hearing. If requested, the qualified expert must be available for an interview or deposition by the opposing party.
F. Either party may request and the board, with sufficient cause, shall grant a continuance for a hearing to accommodate a reasonable request to obtain a qualified expert evaluation. A hearing that is requested pursuant to section 13-3998, subsection C may not be continued at the state's request. A hearing that is held at the expiration of the board's jurisdiction may not be continued.