a summary, in camera review proceeding, in which the court decides only whether to affirm or reverse the board’s designation of the offender as a violent sexual predator.”... Thus, the Act contemplates that judicial review will ordinarily occur without the offender having the opportunity to address the basis of the Board’s decision. The Act does provide that “[w]here the proof, whether in the form of reliable hearsay, affidavits, or offers of live testimony, creates a genuine issue of material fact as to whether the offender is a violent sexual predator, the court should convene a fact- finding hearing and permit live testimony.”... At the hearing, the State bears the burden of presenting a prima facie case justifying the Board’s designation.... Despite this threshold burden of production, the offender ultimately bears the burden of proof... [The statute] provides that “[t]he court shall affirm the board’s determination unless persuaded by a preponderance of the evidence that it does not conform to the law or the guidelines.”
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