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