Senate File 196 - Introduced





                                       SENATE FILE       
                                       BY  McKINLEY


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the civil commitment of a juvenile sexually
  2    violent predator.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1685XS 83
  5 jm/rj/8

PAG LIN



  1  1    Section 1.  Section 229A.2, unnumbered paragraph 1, Code
  1  2 2009, is amended to read as follows:
  1  3    As used in this chapter, unless the context otherwise
  1  4 requires:
  1  5    Sec. 2.  Section 229A.2, Code 2009, is amended by adding
  1  6 the following new subsection:
  1  7    NEW SUBSECTION.  5A.  "Person" includes a juvenile
  1  8 adjudicated to have committed a sexually violent offense and a
  1  9 juvenile excluded from the jurisdiction of the juvenile court
  1 10 pursuant to section 232.8 and convicted in adult court of a
  1 11 sexually violent offense.
  1 12    Sec. 3.  Section 229A.3, subsection 1, Code 2009, is
  1 13 amended by adding the following new paragraph:
  1 14    NEW PARAGRAPH.  d.  The final discharge of a juvenile
  1 15 adjudicated to have committed a sexually violent offense.
  1 16    Sec. 4.  Section 229A.3, Code 2009, is amended by adding
  1 17 the following new subsection:
  1 18    NEW SUBSECTION.  6.  Notwithstanding sections 232.147
  1 19 through 232.151, records concerning adjudications which are
  1 20 committed by a juvenile may be released in the same manner as
  1 21 records of convictions of adults for the limited purpose of
  1 22 civil commitment under this chapter and for escapes under
  1 23 section 229A.5B.
  1 24    Sec. 5.  Section 229A.4, subsection 2, Code 2009, is
  1 25 amended by adding the following new paragraph:
  1 26    NEW PARAGRAPH.  d.  The juvenile was adjudicated to have
  1 27 committed a sexually violent offense.
  1 28    Sec. 6.  Section 229A.5, subsection 1, Code 2009, is
  1 29 amended to read as follows:
  1 30    1.  Upon filing of a petition under section 229A.4, the
  1 31 court shall make a preliminary determination as to whether
  1 32 probable cause exists to believe that the person named in the
  1 33 petition is a sexually violent predator.  Upon a preliminary
  1 34 finding of probable cause, the court shall direct that the
  1 35 person named in the petition be taken into custody and that
  2  1 the person be served with a copy of the petition and any
  2  2 supporting documentation and notice of the procedures required
  2  3 by this chapter.  If the person is in custody at the time of
  2  4 the filing of the petition, the court shall determine whether
  2  5 a transfer of the person to an appropriate secure facility is
  2  6 appropriate pending the outcome of the proceedings or whether
  2  7 the custody order should be delayed until the date of release
  2  8 of the person.  If the person placed at an appropriate secure
  2  9 facility is a juvenile, the person shall be segregated at all
  2 10 times from other persons who are not juveniles placed at the
  2 11 facility.
  2 12    Sec. 7.  Section 229A.7, subsection 7, Code 2009, is
  2 13 amended to read as follows:
  2 14    7.  The control, care, and treatment of a person determined
  2 15 to be a sexually violent predator shall be provided at a
  2 16 facility operated by the department of human services.  At all
  2 17 times prior to placement in a transitional release program or
  2 18 release with or without supervision, persons committed for
  2 19 control, care, and treatment by the department of human
  2 20 services pursuant to this chapter shall be kept in a secure
  2 21 facility and those patients shall be segregated at all times
  2 22 from any other patient under the supervision of the department
  2 23 of human services.  In addition, if the committed person is a
  2 24 juvenile, the person shall be segregated at all times from
  2 25 other committed persons under this chapter who are not
  2 26 juveniles and from any other patient under supervision of the
  2 27 department of human services.  A person committed pursuant to
  2 28 this chapter to the custody of the department of human
  2 29 services may be kept in a facility or building separate from
  2 30 any other patient under the supervision of the department of
  2 31 human services.  The department of human services may enter
  2 32 into a chapter 28E agreement with the department of
  2 33 corrections or other appropriate agency in this state or
  2 34 another state for the confinement of patients who have been
  2 35 determined to be sexually violent predators.  Patients who are
  3  1 in the custody of the director of the department of
  3  2 corrections pursuant to a chapter 28E agreement and who have
  3  3 not been placed in a transitional release program or released
  3  4 with or without supervision shall be housed and managed
  3  5 separately from criminal offenders in the custody of the
  3  6 director of the department of corrections, and except for
  3  7 occasional instances of supervised incidental contact, shall
  3  8 be segregated from those offenders.
  3  9    Sec. 8.  Section 229A.8A, subsection 5, Code 2009, is
  3 10 amended to read as follows:
  3 11    5.  Committed persons in the transitional release program
  3 12 are not necessarily required to be segregated from other
  3 13 persons unless the person is a juvenile.
  3 14                           EXPLANATION
  3 15    This bill modifies the provisions of Code chapter 229A to
  3 16 specify that a juvenile may be civilly committed as a sexually
  3 17 violent predator.
  3 18    Under the bill, a juvenile adjudicated to have committed a
  3 19 sexually violent offense and a juvenile excluded from the
  3 20 jurisdiction of the juvenile court who was convicted of a
  3 21 sexually violent offense in adult court may be civilly
  3 22 committed as a sexually violent predator.
  3 23    The bill allows records concerning adjudications which are
  3 24 committed by a juvenile to be released in the same manner as
  3 25 records of convictions of adults for the limited purpose of
  3 26 civil commitment under the bill and for escapes under Code
  3 27 section 229A.5B.
  3 28    The bill provides that upon the filing of a petition for
  3 29 civil commitment and preliminary finding of probable cause,
  3 30 the juvenile may be taken into custody or be transferred to an
  3 31 appropriate secure facility pending a final determination in
  3 32 the proceeding.  The bill specifies that a juvenile placed at
  3 33 an appropriate secure facility shall be segregated at all
  3 34 times from other persons who are not juveniles placed at the
  3 35 facility.
  4  1    If a juvenile is determined to be a sexually violent
  4  2 predator, the control, care, and treatment of the juvenile
  4  3 shall be provided at a facility operated by the department of
  4  4 human services in the same manner as other sexually violent
  4  5 predators.  However, the bill provides that a juvenile
  4  6 sexually violent predator shall be segregated at all times
  4  7 from an adult sexually violent predator and from any other
  4  8 patient under supervision of the department of human services.
  4  9    The bill also specifies a juvenile sexually violent
  4 10 predator who is in a transitional release program shall be
  4 11 segregated from an adult sexually violent predator.
  4 12    The other provisions of Code chapter 229A which are
  4 13 applicable to an adult sexually violent predator are
  4 14 applicable to a juvenile sexually violent predator.
  4 15 LSB 1685XS 83
  4 16 jm/rj/8