Senate
File
2356
-
Introduced
SENATE
FILE
2356
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2147)
A
BILL
FOR
An
Act
relating
to
sexually
violent
predators,
the
accumulation
1
of
earned
time
by
offenders,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
229A.2,
subsection
4,
Code
2018,
is
1
amended
to
read
as
follows:
2
4.
“Discharge”
means
an
unconditional
discharge
from
the
3
sexually
violent
predator
program.
A
person
released
from
a
4
secure
facility
into
a
transitional
release
program
or
released
5
with
or
without
supervision
is
not
considered
to
be
discharged.
6
Sec.
2.
Section
229A.5B,
subsection
1,
unnumbered
paragraph
7
1,
Code
2018,
is
amended
to
read
as
follows:
8
A
person
who
is
detained
pursuant
to
section
229A.5
or
is
9
subject
to
an
order
of
civil
commitment
under
this
chapter
10
shall
remain
in
custody
unless
released
by
court
order
or
11
discharged
under
section
229A.8
or
229A.10
.
A
person
who
has
12
been
placed
in
a
transitional
release
program
or
who
is
under
13
release
with
or
without
supervision
is
considered
to
be
in
14
custody.
A
person
in
custody
under
this
chapter
shall
not
do
15
any
of
the
following:
16
Sec.
3.
Section
229A.5C,
subsection
4,
Code
2018,
is
amended
17
to
read
as
follows:
18
4.
A
person
who
committed
a
public
offense
while
in
a
19
transitional
release
program
or
on
release
with
or
without
20
supervision
may
be
returned
to
a
secure
facility
operated
by
21
the
department
of
human
services
upon
completion
of
any
term
22
of
confinement
that
resulted
from
the
commission
of
the
public
23
offense.
24
Sec.
4.
Section
229A.6A,
subsection
1,
paragraph
d,
Code
25
2018,
is
amended
to
read
as
follows:
26
d.
To
a
facility
for
placement
or
treatment
in
a
27
transitional
release
program
or
for
release
with
or
without
28
supervision.
A
transport
order
is
not
required
under
this
29
paragraph.
30
Sec.
5.
Section
229A.7,
subsection
7,
Code
2018,
is
amended
31
to
read
as
follows:
32
7.
The
control,
care,
and
treatment
of
a
person
determined
33
to
be
a
sexually
violent
predator
shall
be
provided
at
a
34
facility
operated
by
the
department
of
human
services.
At
all
35
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times
prior
to
placement
in
a
transitional
release
program
1
or
release
with
or
without
supervision,
persons
committed
2
for
control,
care,
and
treatment
by
the
department
of
human
3
services
pursuant
to
this
chapter
shall
be
kept
in
a
secure
4
facility
and
those
patients
shall
be
segregated
at
all
times
5
from
any
other
patient
under
the
supervision
of
the
department
6
of
human
services.
A
person
committed
pursuant
to
this
chapter
7
to
the
custody
of
the
department
of
human
services
may
be
kept
8
in
a
facility
or
building
separate
from
any
other
patient
9
under
the
supervision
of
the
department
of
human
services.
10
The
department
of
human
services
may
enter
into
a
chapter
11
28E
agreement
with
the
department
of
corrections
or
other
12
appropriate
agency
in
this
state
or
another
state
for
the
13
confinement
of
patients
who
have
been
determined
to
be
sexually
14
violent
predators.
Patients
who
are
in
the
custody
of
the
15
director
of
the
department
of
corrections
pursuant
to
a
chapter
16
28E
agreement
and
who
have
not
been
placed
in
a
transitional
17
release
program
or
released
with
or
without
supervision
shall
18
be
housed
and
managed
separately
from
criminal
offenders
in
19
the
custody
of
the
director
of
the
department
of
corrections,
20
and
except
for
occasional
instances
of
supervised
incidental
21
contact,
shall
be
segregated
from
those
offenders.
22
Sec.
6.
Section
229A.8,
subsection
5,
paragraph
e,
23
subparagraph
(2),
Code
2018,
is
amended
to
read
as
follows:
24
(2)
(a)
If
the
committed
person
shows
by
a
preponderance
25
of
the
evidence
that
a
final
hearing
should
be
held
on
either
26
determination
under
subparagraph
(1),
subparagraph
division
(a)
27
or
(b),
or
both,
the
court
shall
set
a
final
hearing
within
28
sixty
days
of
the
determination
that
a
final
hearing
be
held.
29
(b)
The
committed
person
may
waive
the
sixty-day
final
30
hearing
requirement
under
subparagraph
subdivision
(a);
31
however,
the
committed
person
or
the
attorney
for
the
committed
32
person
may
reassert
a
demand
that
the
final
hearing
be
held
33
within
sixty
days
from
the
date
of
filing
the
demand
with
the
34
clerk
of
court.
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(c)
The
final
hearing
may
be
continued
upon
request
of
1
either
party
and
a
showing
of
good
cause,
or
by
the
court
2
on
its
own
motion
in
the
due
administration
of
justice,
and
3
if
the
committed
person
is
not
substantially
prejudiced.
In
4
determining
what
constitutes
good
cause,
the
court
shall
5
consider
the
length
of
the
pretrial
detention
of
the
committed
6
person.
7
Sec.
7.
Section
229A.8B,
subsection
3,
Code
2018,
is
amended
8
to
read
as
follows:
9
3.
Upon
the
return
of
the
committed
person
to
a
secure
10
facility,
the
director
of
human
services
or
the
director’s
11
designee
shall
notify
the
court
that
issued
the
ex
parte
order
12
that
the
absconder
has
been
returned
to
a
secure
facility,
and
13
the
court
shall
set
a
hearing
within
five
days
to
determine
if
14
a
violation
occurred.
If
a
court
order
was
not
issued,
the
15
director
or
the
director’s
designee
shall
contact
the
nearest
16
district
court
with
jurisdiction
to
set
a
hearing
to
determine
17
whether
a
violation
of
the
rules
or
directives
occurred.
The
18
court
shall
schedule
a
hearing
within
five
days
of
after
19
receiving
notice
that
the
committed
person
has
been
returned
20
from
the
transitional
release
program
to
a
secure
facility.
21
Sec.
8.
Section
229A.9A,
Code
2018,
is
amended
to
read
as
22
follows:
23
229A.9A
Release
with
or
without
supervision.
24
1.
In
any
proceeding
under
section
229A.8
,
the
court
may
25
order
the
committed
person
released
with
or
without
supervision
26
if
any
of
the
following
apply:
27
a.
The
attorney
general
stipulates
to
the
release
with
or
28
without
supervision.
29
b.
The
court
or
jury
has
determined
that
the
person
should
30
be
discharged
released
from
the
program
a
secure
facility
or
31
a
transitional
release
program
,
but
the
court
has
determined
32
the
person
suffers
from
a
mental
abnormality
and
it
is
in
the
33
best
interest
of
the
community
to
order
release
with
or
without
34
supervision
before
the
committed
person
is
discharged.
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2.
If
release
with
or
without
supervision
is
ordered,
the
1
department
of
human
services
shall
prepare
within
sixty
days
of
2
the
order
of
the
court
a
release
plan
addressing
the
person’s
3
needs
for
counseling,
medication,
community
support
services,
4
residential
services,
vocational
services,
alcohol
or
other
5
drug
abuse
treatment,
sex
offender
treatment,
or
any
other
6
treatment
or
supervision
necessary.
7
3.
The
court
shall
set
a
hearing
on
the
release
plan
8
prepared
by
the
department
of
human
services
before
the
9
committed
person
is
released
from
a
secure
facility
or
a
10
transitional
release
program.
11
4.
If
the
court
orders
release
with
supervision,
the
court
12
shall
order
supervision
by
an
agency
with
jurisdiction
that
13
is
familiar
with
the
placement
of
criminal
offenders
in
the
14
community.
The
agency
with
jurisdiction
shall
be
responsible
15
for
initiating
proceedings
for
violations
of
the
release
plan
16
as
provided
in
section
229A.9B
.
If
the
court
orders
release
17
without
supervision,
the
agency
with
jurisdiction
shall
also
be
18
responsible
for
initiating
proceedings
for
any
violations
of
19
the
release
plan
as
provided
in
section
229A.9B
.
20
5.
A
committed
person
may
not
petition
the
court
for
release
21
with
or
without
supervision.
22
6.
A
committed
person
released
with
or
without
supervision
23
is
not
considered
discharged
from
civil
commitment
under
this
24
chapter
.
25
7.
After
being
released
with
or
without
supervision,
the
26
person
may
petition
the
court
for
discharge
as
provided
in
27
section
229A.8
.
28
8.
The
court
shall
retain
jurisdiction
over
the
committed
29
person
who
has
been
released
with
or
without
supervision
until
30
the
person
is
discharged
from
the
program.
The
department
31
of
human
services
or
a
judicial
district
department
of
32
correctional
services
shall
not
be
held
liable
for
any
acts
33
committed
by
a
committed
person
who
has
been
ordered
released
34
with
or
without
supervision.
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Sec.
9.
Section
229A.9B,
Code
2018,
is
amended
to
read
as
1
follows:
2
229A.9B
Violations
of
release
with
or
without
supervision.
3
1.
If
a
committed
person
violates
the
release
plan,
the
4
agency
with
jurisdiction
over
the
person
may
request
the
5
district
court
to
issue
an
emergency
ex
parte
order
directing
6
any
law
enforcement
officer
to
take
the
person
into
custody
7
so
that
the
person
can
be
returned
to
a
secure
facility.
8
The
request
for
an
ex
parte
order
may
be
made
orally
or
by
9
telephone,
but
the
original
written
request
or
a
facsimile
copy
10
of
the
request
shall
be
filed
with
the
clerk
of
court
no
later
11
than
4:30
p.m.
on
the
next
business
day
the
office
of
the
clerk
12
of
court
is
open.
13
2.
If
a
committed
person
has
absconded
in
violation
of
the
14
conditions
of
the
person’s
release
plan,
a
presumption
arises
15
that
the
person
poses
a
risk
to
public
safety.
The
department
16
of
human
services
or
contracting
agency,
in
cooperation
with
17
local
law
enforcement
agencies,
may
make
a
public
announcement
18
about
the
absconder.
The
public
announcement
may
include
a
19
description
of
the
committed
person,
that
the
committed
person
20
is
on
release
with
or
without
supervision
from
the
sexually
21
violent
predator
program,
and
any
other
information
pertinent
22
to
public
safety.
23
3.
Upon
the
return
of
the
committed
person
to
a
secure
24
facility,
the
director
of
human
services
or
the
director’s
25
designee
shall
notify
the
court
that
issued
the
ex
parte
26
order
that
the
committed
person
has
been
returned
to
a
secure
27
facility,
and
the
court
shall
set
hearing
within
five
days
to
28
determine
if
a
violation
occurred.
If
a
court
order
was
not
29
issued,
the
director
or
the
director’s
designee
shall
contact
30
the
nearest
district
court
with
jurisdiction
to
set
a
hearing
31
to
determine
whether
a
violation
of
the
conditions
of
the
32
release
plan
occurred.
The
court
shall
schedule
a
hearing
33
within
five
days
of
after
receiving
notice
that
the
committed
34
person
has
been
returned
to
a
secure
facility.
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4.
At
the
hearing,
the
burden
shall
be
upon
the
attorney
1
general
to
show
by
a
preponderance
of
the
evidence
that
a
2
violation
of
the
release
plan
occurred.
3
5.
If
the
court
determines
a
violation
occurred,
the
court
4
shall
receive
release
recommendations
from
the
department
of
5
human
services
and
either
order
that
the
committed
person
be
6
returned
to
release
with
or
without
supervision
or
placed
7
in
a
transitional
release
program,
or
be
confined
in
a
8
secure
facility.
The
court
may
impose
further
conditions
9
upon
the
committed
person
if
returned
to
release
with
or
10
without
supervision
or
placed
in
the
transitional
release
11
program.
If
the
court
determines
no
violation
occurred,
the
12
committed
person
shall
be
returned
to
release
with
or
without
13
supervision.
14
Sec.
10.
Section
229A.15,
Code
2018,
is
amended
to
read
as
15
follows:
16
229A.15
Court
records
——
sealed
and
opened
by
court
order.
17
1.
Any
Except
as
otherwise
provided
in
this
section,
any
18
psychological
reports,
drug
and
alcohol
reports,
treatment
19
records,
reports
of
any
diagnostic
center,
medical
records,
or
20
victim
impact
statements
which
have
been
submitted
to
the
court
21
or
admitted
into
evidence
under
this
chapter
shall
be
part
of
22
the
record
but
shall
be
sealed
and
opened
only
on
order
of
the
23
court.
24
2.
The
documents
described
in
subsection
1
shall
be
25
available
to
the
prosecuting
attorney
or
attorney
general,
the
26
committed
person,
and
the
attorney
for
the
committed
person
27
without
an
order
of
the
court.
28
Sec.
11.
Section
901A.2,
subsection
6,
Code
2018,
is
amended
29
to
read
as
follows:
30
6.
A
person
who
has
been
placed
in
a
transitional
release
31
program,
released
with
or
without
supervision,
or
discharged
32
pursuant
to
chapter
229A
,
and
who
is
subsequently
convicted
of
33
a
sexually
predatory
offense
or
a
sexually
violent
offense,
34
shall
be
sentenced
to
life
in
prison
on
the
same
terms
as
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a
class
“A”
felon
under
section
902.1
,
notwithstanding
any
1
other
provision
of
the
Code
to
the
contrary.
The
terms
and
2
conditions
applicable
to
sentences
for
class
“A”
felons
under
3
chapters
901
through
909
shall
apply
to
persons
sentenced
under
4
this
subsection
.
However,
if
the
person
commits
a
sexually
5
violent
offense
which
is
a
misdemeanor
offense
under
chapter
6
709
,
the
person
shall
be
sentenced
to
life
in
prison,
with
7
eligibility
for
parole
as
provided
in
chapter
906
.
8
Sec.
12.
Section
903A.2,
subsection
1,
paragraph
a,
9
subparagraph
(2),
Code
2018,
is
amended
to
read
as
follows:
10
(2)
However,
an
inmate
required
to
participate
in
a
sex
11
offender
treatment
program
shall
not
be
eligible
for
a
any
12
reduction
of
sentence
unless
until
the
inmate
participates
in
13
and
completes
a
sex
offender
treatment
program
established
by
14
the
director.
15
Sec.
13.
Section
903A.2,
subsection
1,
paragraph
b,
16
subparagraph
(2),
Code
2018,
is
amended
to
read
as
follows:
17
(2)
An
inmate
required
to
participate
in
a
domestic
abuse
18
treatment
program
shall
not
be
eligible
for
a
any
reduction
of
19
sentence
unless
until
the
inmate
participates
in
and
completes
20
a
domestic
abuse
treatment
program
established
by
the
director.
21
Sec.
14.
Section
903A.3,
subsection
1,
Code
2018,
is
amended
22
to
read
as
follows:
23
1.
Upon
finding
that
an
inmate
has
violated
an
institutional
24
rule,
has
failed
to
complete
a
sex
offender
or
domestic
abuse
25
treatment
program
as
specified
in
section
903A.2,
or
has
26
had
an
action
or
appeal
dismissed
under
section
610A.2
,
the
27
independent
administrative
law
judge
may
order
forfeiture
of
28
any
or
all
earned
time
accrued
and
not
forfeited
up
to
the
29
date
of
the
violation
by
the
inmate
and
may
order
forfeiture
30
of
any
or
all
earned
time
accrued
and
not
forfeited
up
to
31
the
date
the
action
or
appeal
is
dismissed,
unless
the
court
32
entered
such
an
order
under
section
610A.3
.
The
independent
33
administrative
law
judge
has
discretion
within
the
guidelines
34
established
pursuant
to
section
903A.4
,
to
determine
the
amount
35
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of
time
that
should
be
forfeited
based
upon
the
severity
of
the
1
violation.
Prior
violations
by
the
inmate
may
be
considered
by
2
the
administrative
law
judge
in
the
decision.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
sexually
violent
predators,
the
7
accumulation
of
earned
time
by
offenders,
and
providing
8
penalties.
9
The
bill
strikes
a
provision
permitting
a
person
committed
10
as
a
sexually
violent
predator
under
Code
chapter
229A
11
(committed
person)
to
be
released
from
a
secure
facility
or
a
12
transitional
release
program
without
supervision.
Currently,
a
13
committed
person
may
be
released
with
or
without
supervision.
14
Current
law
provides
that
a
final
hearing
on
the
status
of
15
the
committed
person
shall
be
held
if
a
committed
person
shows
16
by
a
preponderance
of
the
evidence
that
such
a
final
hearing
17
should
be
held
to
determine
either
the
mental
abnormality
18
of
the
committed
person
has
so
changed
that
the
person
is
19
not
likely
to
engage
in
predatory
acts
constituting
sexually
20
violent
offenses
or
the
committed
person
is
suitable
for
21
placement
in
a
transitional
release
program.
22
If
the
committed
person
proves
by
a
preponderance
of
the
23
evidence
that
a
final
hearing
should
be
held,
current
law
24
requires
the
court
to
set
the
final
hearing
within
60
days
of
25
that
determination.
After
the
court’s
determination
that
a
26
final
hearing
should
be
held,
the
bill
permits
the
committed
27
person
to
waive
the
requirement
that
a
final
hearing
be
held
28
within
60
days
of
the
court’s
determination;
however,
the
29
committed
person
or
the
attorney
for
the
committed
person
30
may
reassert
a
demand
that
a
final
hearing
be
held
within
60
31
days
from
the
date
of
filing
the
demand
with
the
clerk
of
the
32
district
court.
33
Currently,
a
committed
person
may
be
released
to
a
34
transitional
release
program.
If
the
committed
person
absconds
35
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from
the
transitional
release
program,
current
law
requires
1
the
court
to
set
a
hearing
within
five
days
of
the
committed
2
person’s
return
to
a
secure
facility
in
order
to
determine
if
a
3
violation
occurred.
The
bill
strikes
the
requirement
that
such
4
a
hearing
be
held
within
five
days
of
the
committed
person’s
5
return
to
a
secure
facility.
6
Under
the
bill,
if
the
court
or
jury
has
determined
that
a
7
committed
person
should
be
released
from
a
secure
facility
or
a
8
transitional
release
program,
but
the
court
has
determined
the
9
committed
person
suffers
from
a
mental
abnormality
and
it
is
10
in
the
best
interest
of
the
community,
the
court
shall
release
11
the
committed
person
with
supervision
prior
to
discharge.
12
Under
current
law,
if
the
court
or
jury
has
determined
that
a
13
committed
person
should
be
discharged
from
the
sexually
violent
14
predator
program,
the
court
may
release
the
committed
person
15
with
or
without
supervision
prior
to
such
discharge
if
the
16
court
determines
it
is
in
the
best
interests
of
the
community.
17
If
a
committed
person
is
released
with
supervision,
the
18
bill
specifies
that
a
judicial
district
of
department
of
19
correctional
services
shall
not
be
held
liable
for
any
acts
20
of
the
committed
person.
Currently,
the
department
of
human
21
services
is
the
only
designated
agency
that
is
not
liable
for
22
the
acts
of
a
committed
person
released
with
supervision.
23
If
a
person
is
released
with
supervision,
and
the
person
24
absconds
in
violation
of
the
release
plan,
the
bill
strikes
25
the
requirement
that
a
hearing
be
held
within
five
days
of
the
26
committed
person’s
return
to
a
secure
facility
in
order
to
27
determine
if
a
violation
occurred.
28
Under
current
law,
any
medical
or
treatment
reports
of
29
the
committed
person
or
victim
impact
statements
which
have
30
been
submitted
to
the
court
or
admitted
into
evidence
shall
31
be
sealed
and
opened
only
upon
order
of
the
court.
The
bill
32
specifies
that
the
documents
under
seal
shall
be
made
available
33
to
the
prosecuting
attorney,
attorney
general,
committed
34
person,
or
attorney
for
the
committed
person
without
a
court
35
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order.
1
The
bill
specifies
that
an
inmate
committed
to
the
2
department
of
corrections
who
is
required
to
participate
in
3
a
sex
offender
treatment
program
shall
not
be
eligible
for
4
any
reduction
of
a
category
“A”
sentence
until
the
inmate
5
participates
in
and
completes
a
sex
offender
treatment
program.
6
Currently,
such
an
inmate
is
not
eligible
for
a
reduction
of
7
sentence
unless
the
inmate
participates
in
and
completes
a
8
sex
offender
treatment
program.
An
inmate
serving
a
category
9
“A”
sentence
is
eligible
to
receive
one
and
two-tenths
10
days
for
each
day
the
inmate
demonstrates
good
conduct
and
11
satisfactorily
participates
in
any
program
or
placement
status.
12
The
bill
specifies
that
an
inmate
committed
to
the
13
department
of
corrections
who
is
required
to
participate
in
14
a
domestic
abuse
treatment
program
shall
not
be
eligible
for
15
any
reduction
of
a
category
“B”
sentence
until
the
inmate
16
participates
in
and
completes
a
domestic
abuse
treatment
17
program.
Currently,
such
an
inmate
is
not
eligible
for
a
18
reduction
of
sentence
unless
the
inmate
participates
in
and
19
completes
a
domestic
abuse
treatment
program.
An
inmate
20
serving
a
category
“B”
sentence
is
eligible
for
a
reduction
of
21
sentence
equal
to
fifteen
eighty-fifths
of
a
day
for
each
day
22
of
good
conduct
by
the
inmate.
23
Upon
a
finding
of
an
independent
administrative
law
judge,
24
the
bill
specifies
that
an
inmate
committed
to
the
department
25
of
corrections
may
be
ordered
to
forfeit
any
or
all
earned
26
time,
if
the
inmate
has
failed
to
complete
a
sex
offender
or
27
domestic
abuse
treatment
program
as
specified
in
Code
section
28
903A.2.
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