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Senate Study Bill 270

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 709C.6, subsection 1, Code 1995, is
  1  2 amended to read as follows:
  1  3    1.  The court or jury shall determine whether, beyond a
  1  4 reasonable doubt, the person is a sexually violent predator.
  1  5 If the state alleges that the prior sexually violent offense
  1  6 that forms the basis for the petition for commitment was an
  1  7 act that was sexually motivated, the state shall prove beyond
  1  8 a reasonable doubt that the alleged sexually violent act was
  1  9 sexually motivated.  If the court or jury determines that the
  1 10 person is a sexually violent predator, the person shall be
  1 11 committed to the custody of the department of human services
  1 12 corrections in a secure facility for control, care, and
  1 13 treatment until such time as the person's mental abnormality
  1 14 or personality disorder has so changed that the person is safe
  1 15 to be at large.  This control, care, and treatment shall be
  1 16 provided at a facility operated by the department of human
  1 17 services corrections in coordination with the department of
  1 18 human resources; however, adults and juveniles shall not be
  1 19 sent to the same facility.  If the court or jury does not find
  1 20 beyond a reasonable doubt that the person is a sexually
  1 21 violent predator, the court shall order the person to be
  1 22 released in accordance with the terms of the person's
  1 23 sentence.
  1 24    Sec. 2.  NEW SECTION.  709C.11  FUNDING.
  1 25    All costs incurred by a county pursuant to sections 709C.1
  1 26 through 709C.10, including, but not limited to, the cost of
  1 27 filing a sexually violent predator petition under section
  1 28 709C.3; the cost of an evaluation under section 709C.4; the
  1 29 cost of participating in the sexually violent predator trial
  1 30 on behalf of the petitioner under section 709C.5; the cost of
  1 31 court-appointed counsel for indigents under section 709C.5;
  1 32 the cost of qualified experts or professionals retained under
  1 33 section 709C.5; the cost of control, care, and treatment at a
  1 34 facility operated by the department of corrections under
  1 35 section 709C.6; the cost of annual examinations under section
  2  1 709C.7; the cost of representing the state in a petition for
  2  2 release hearing under section 709C.8; and the cost of having
  2  3 the petitioner examined by an expert or professional person
  2  4 under section 709C.8, shall be paid by the state.
  2  5    Sec. 3.  NEW SECTION.  709C.12  EFFECTIVE DATE.
  2  6    This chapter takes effect July 1, 1996.
  2  7    Sec. 4.  1994 Iowa Acts, chapter 1172, section 74, is
  2  8 amended to read as follows:
  2  9    SEC. 74.  EFFECTIVE DATES DATE.  Sections 43 through 52
  2 10 take effect July 1, 1995.  Section 63 of this Act takes effect
  2 11 June 30, 1994.  
  2 12                           EXPLANATION
  2 13    This bill provides that a sexually violent predator is to
  2 14 be held at a secure department of corrections facility,
  2 15 instead of a secure department of human services facility.
  2 16 Treatment and care of the sexually violent predator will be
  2 17 coordinated with the department of human services.
  2 18    This bill also requires the state to pay the costs incurred
  2 19 by a county for services provided in sexually violent predator
  2 20 cases.  The costs paid will include, but are not limited to,
  2 21 the cost of filing a sexually violent predator petition; the
  2 22 cost of an evaluation; the cost of participating in the
  2 23 sexually violent predator trial on behalf of the petitioner;
  2 24 the cost of court-appointed counsel for indigents; the cost of
  2 25 qualified experts or professionals who are retained; the cost
  2 26 of control, care, and treatment at a facility operated by the
  2 27 department of corrections; the cost of annual examinations;
  2 28 the cost of representing the state in a petition for release
  2 29 hearing; and the cost of having the petitioner examined by an
  2 30 expert or professional person.
  2 31    The bill further provides for a new effective date of July
  2 32 1, 1996, for chapter 709C, the sexually violent predator Act.
  2 33 Currently the Act takes effect on July 1, 1995.  
  2 34 LSB 2480SC 76
  2 35 lh/jw/5
     
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