Text: SF00431 Text: SF00433 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 709C.2A NOTIFICATION OF RELEASE. 1 2 Within six months of the impending release of an inmate who 1 3 has been convicted of a sexually violent offense, the 1 4 department of corrections shall notify the county attorney for 1 5 the county in which the person was convicted and the attorney 1 6 general of the impending release. 1 7 Sec. 2. Section 709C.5, Code 1995, is amended to read as 1 8 follows: 1 9 709C.5 TRIAL &endash; RIGHTS OF PARTIES. 1 10 Not later than forty-five days after the filing of a 1 11 petition pursuant to section 709C.3, the court shall conduct a 1 12 trial in the county in which the person was convicted of a 1 13 sexually violent offense to determine whether the person is a 1 14 sexually violent predator. At all stages of the proceedings 1 15 under this chapter, any person subject to this chapter shall 1 16 be entitled to the assistance of counsel, and if the person is 1 17 indigent, the court shall appoint counsel to assist the 1 18 person. If a person is subjected to an examination under this 1 19 chapter, the person may retain experts or professional persons 1 20 to perform an examination on the person's behalf. The person 1 21 may be examined by a qualified expert or professional person 1 22 of the person's choosing, and the expert or professional shall 1 23 have reasonable access to the person for the purpose of the 1 24 examination, as well as to all relevant medical and 1 25 psychological records and reports. In the case of a person 1 26 who is indigent, the court shall, upon the person's request, 1 27 assist the person in obtaining an expert or professional 1 28 person to perform an examination or participate in the trial 1 29 on the person's behalf. The person, the county attorney or 1 30 the attorney general, or the judge shall have the right to 1 31 demand that the trial be before a jury, if the person is an 1 32 adult or a juvenile who has been waived to the district court. 1 33 If no demand is made, or if the person is a juvenile who has 1 34 not been waived to the district court, the trial shall be to 1 35 the court or the juvenile court as applicable. 2 1 Sec. 3. NEW SECTION. 709C.11 FUNDING. 2 2 All costs incurred by a county pursuant to sections 709C.1 2 3 through 709C.10, including, but not limited to, the cost of 2 4 filing a sexually violent predator petition under section 2 5 709C.3; the cost of an evaluation under section 709C.4; the 2 6 cost of participating in the sexually violent predator trial 2 7 on behalf of the petitioner under section 709C.5; the cost of 2 8 court-appointed counsel for indigents under section 709C.5; 2 9 the cost of qualified experts or professionals retained under 2 10 section 709C.5; the cost of control, care, and treatment at a 2 11 facility operated by the department of human services under 2 12 section 709C.6; the cost of annual examinations under section 2 13 709C.7; the cost of representing the state in a petition for 2 14 release hearing under section 709C.8; and the cost of having 2 15 the petitioner examined by an expert or professional person 2 16 under section 709C.8, shall be paid by the state. 2 17 Sec. 4. NEW SECTION. 709C.12 EFFECTIVE DATE. 2 18 This chapter takes effect July 1, 1996, and applies to 2 19 persons convicted of a sexually violent offense on or after 2 20 July 1, 1997. 2 21 Sec. 5. Section 910A.9A, Code 1995, is amended to read as 2 22 follows: 2 23 910A.9A NOTIFICATION BY DEPARTMENT OF HUMAN SERVICES. 2 24 The department of human services shall notify a victim 2 25 registered with the department, regarding a juvenile 2 26 adjudicated delinquent for a violent crime, committed to the 2 27 custody of the department of human services, and placed at the 2 28 state training school at Eldora or Toledo, or regarding a 2 29 person determined to be a sexually violent predator under 2 30 chapter 709C, and committed to the custody of the department 2 31 of human services, of the following: 2 32 1. The date on which the juvenile or sexually violent 2 33 predator is expected to be temporarily released from the 2 34 custody of the department of human services, and whether the 2 35 juvenile is expected to return to the community where the 3 1 registered victim resides. 3 2 2. The juvenile's or the sexually violent predator's 3 3 escape from custody. 3 4 3. The recommendation by the department to consider the 3 5 juvenile or sexually violent predator for release or 3 6 placement. 3 7 4. The date on which the juvenile or sexually violent 3 8 predator is expected to be released from a facility pursuant 3 9 to a plan of placement. 3 10 Sec. 6. 1994 Iowa Acts, chapter 1172, section 74, is 3 11 amended to read as follows: 3 12 SEC. 74. EFFECTIVEDATESDATE.Sections 43 through 523 13take effect July 1, 1995.Section 63 of this Act takes effect 3 14 June 30, 1994. 3 15 Sec. 7. DEPARTMENTAL STUDY. The department of justice, in 3 16 consultation with the department of human services, shall 3 17 conduct a study of the issues involved in the implementation 3 18 of chapter 709C, including, but not limited to, the costs 3 19 associated with the current hearing process, the costs of and 3 20 security problems related to the confinement of sexually 3 21 violent predators, legal issues surrounding the commitment and 3 22 confinement of sexually violent predators, and potential 3 23 alternatives to commitment and confinement of sexually violent 3 24 predators. In conducting the study, the department shall also 3 25 consult with an association of county attorneys and the 3 26 department of corrections. The department of justice shall 3 27 submit its findings and any recommendations in a report to the 3 28 general assembly by January 1, 1996. 3 29 SF 432 3 30 lh/cc/26
Text: SF00431 Text: SF00433 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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