Extended Term by Petition of Department of Corrections

On petition of the Director of Corrections to the court in which the person was originally sentenced to imprisonment the court may extend his sentence to the terms prescribed by §§ 80.32 and 80.36 if it finds that such extension is necessary for protection of the public. In the case of a person originally sentenced to imprisonment for a petty misdemeanor, the court may extend his sentence to a term not to exceed two

(2)years. Such a finding, which must be incorporated in the record, shall be based on the grounds that:

(a)the person’s record, both within and without the correctional system, reveals a clear pattern of assaultive or sexually aggressive behavior; and

(b)there is a substantial risk that he will at some time in the future inflict death or serious bodily injury upon another. In making such a finding, the court shall proceed upon the same basis as in an original sentencing hearing and the person shall have the same rights as any person being sentenced.