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PAG LIN 1 1 SENATE FILE 2398 1 2 1 3 AN ACT 1 4 RELATING TO THE CONFINEMENT AND TREATMENT OF SEX OFFENDERS. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. NEW SECTION. 229A.1 LEGISLATIVE FINDINGS. 1 9 The general assembly finds that a small but extremely 1 10 dangerous group of sexually violent predators exists which is 1 11 made up of persons who do not have a mental disease or defect 1 12 that renders them appropriate for involuntary treatment 1 13 pursuant to the treatment provisions for mentally ill persons 1 14 under chapter 229, since that chapter is intended to provide 1 15 short-term treatment to persons with serious mental disorders 1 16 and then return them to the community. In contrast to persons 1 17 appropriate for civil commitment under chapter 229, sexually 1 18 violent predators generally have antisocial personality 1 19 features that are unamenable to existing mental illness 1 20 treatment modalities and that render them likely to engage in 1 21 sexually violent behavior. The general assembly finds that 1 22 sexually violent predators' likelihood of engaging in repeat 1 23 acts of predatory sexual violence is high and that the 1 24 existing involuntary commitment procedure under chapter 229 is 1 25 inadequate to address the risk these sexually violent 1 26 predators pose to society. 1 27 The general assembly further finds that the prognosis for 1 28 rehabilitating sexually violent predators in a prison setting 1 29 is poor, because the treatment needs of this population are 1 30 very long-term, and the treatment modalities for this 1 31 population are very different from the traditional treatment 1 32 modalities available in a prison setting or for persons 1 33 appropriate for commitment under chapter 229. Therefore, the 1 34 general assembly finds that a civil commitment procedure for 1 35 the long-term care and treatment of the sexually violent 2 1 predator is necessary. 2 2 Sec. 2. NEW SECTION. 229A.2 DEFINITIONS. 2 3 As used in this chapter: 2 4 1. "Agency with jurisdiction" means an agency which has 2 5 custody of or releases a person serving a sentence or term of 2 6 confinement or is otherwise in confinement based upon a lawful 2 7 order or authority, and includes but is not limited to the 2 8 department of corrections, the department of human services, a 2 9 judicial district department of correctional services, and the 2 10 Iowa board of parole. 2 11 2. "Likely to engage in predatory acts of sexual violence" 2 12 means that the person more likely than not will engage in acts 2 13 of a sexually violent nature. If a person is not confined at 2 14 the time that a petition is filed, a person is "likely to 2 15 engage in predatory acts of sexual violence" only if the 2 16 person commits a recent overt act. 2 17 3. "Mental abnormality" means a congenital or acquired 2 18 condition affecting the emotional or volitional capacity of a 2 19 person and predisposing that person to commit sexually violent 2 20 offenses to a degree which would constitute a menace to the 2 21 health and safety of others. 2 22 4. "Predatory" means acts directed toward a person with 2 23 whom a relationship has been established or promoted for the 2 24 primary purpose of victimization. 2 25 5. "Recent overt act" means any act that has either caused 2 26 harm of a sexually violent nature or creates a reasonable 2 27 apprehension of such harm. 2 28 6. "Sexually motivated" means that one of the purposes for 2 29 commission of a crime is the purpose of sexual gratification 2 30 of the perpetrator of the crime. 2 31 7. "Sexually violent offense" means: 2 32 a. A violation of any provision of chapter 709. 2 33 b. A violation of any of the following if the offense 2 34 involves sexual abuse, attempted sexual abuse, or intent to 2 35 commit sexual abuse: 3 1 (1) Murder as defined in section 707.1. 3 2 (2) Kidnapping as defined in section 710.1. 3 3 (3) Burglary as defined in section 713.1. 3 4 (4) Child endangerment under section 726.6, subsection 1, 3 5 paragraph "e". 3 6 c. Sexual exploitation of a minor in violation of section 3 7 728.12, subsection 1. 3 8 d. Pandering involving a minor in violation of section 3 9 725.3, subsection 2. 3 10 e. An offense involving an attempt or conspiracy to commit 3 11 any offense referred to in this subsection. 3 12 f. An offense under prior law of this state or an offense 3 13 committed in another jurisdiction which would constitute an 3 14 equivalent offense under paragraphs "a" through "e". 3 15 g. Any act which, either at the time of sentencing for the 3 16 offense or subsequently during civil commitment proceedings 3 17 pursuant to this chapter, has been determined beyond a 3 18 reasonable doubt to have been sexually motivated. 3 19 8. "Sexually violent predator" means a person who has been 3 20 convicted of or charged with a sexually violent offense and 3 21 who suffers from a mental abnormality which makes the person 3 22 likely to engage in predatory acts constituting sexually 3 23 violent offenses, if not confined in a secure facility. 3 24 Sec. 3. NEW SECTION. 229A.3 NOTICE OF DISCHARGE OF 3 25 SEXUALLY VIOLENT PREDATOR – IMMUNITY FROM LIABILITY – 3 26 MULTIDISCIPLINARY TEAM – PROSECUTOR'S REVIEW COMMITTEE – 3 27 ASSESSMENT OF PERSON. 3 28 1. When it appears that a person who is confined may meet 3 29 the definition of a sexually violent predator, the agency with 3 30 jurisdiction shall give written notice to the attorney general 3 31 and the multidisciplinary team established in subsection 4, no 3 32 later than ninety days prior to any of the following events: 3 33 a. The anticipated discharge of a person who has been 3 34 convicted of a sexually violent offense from total 3 35 confinement, except that in the case of a person who is 4 1 returned to prison for no more than ninety days as a result of 4 2 revocation of parole, written notice shall be given as soon as 4 3 practicable following the person's readmission to prison. 4 4 b. The discharge of a person who has been charged with a 4 5 sexually violent offense and who has been determined to be 4 6 incompetent to stand trial pursuant to chapter 812. 4 7 c. The discharge of a person who has been found not guilty 4 8 by reason of insanity of a sexually violent offense. 4 9 2. If notice is given under subsection 1, the agency with 4 10 jurisdiction shall inform the attorney general and the 4 11 multidisciplinary team established in subsection 4, of both of 4 12 the following: 4 13 a. The person's name, identifying factors, anticipated 4 14 future residence, and offense history. 4 15 b. Documentation of any institutional evaluation and any 4 16 treatment received. 4 17 3. The agency with jurisdiction, its employees, officials, 4 18 members of the multidisciplinary team established in 4 19 subsection 4, members of the prosecutor's review committee 4 20 appointed as provided in subsection 5, and individuals 4 21 contracting, appointed, or volunteering to perform services 4 22 under this section shall be immune from liability for any 4 23 good-faith conduct under this section. 4 24 4. The director of the department of corrections shall 4 25 establish a multidisciplinary team which may include 4 26 individuals from other state agencies to review available 4 27 records of each person referred to such team pursuant to 4 28 subsection 1. The team, within thirty days of receiving 4 29 notice, shall assess whether or not the person meets the 4 30 definition of a sexually violent predator. The team shall 4 31 notify the attorney general of its assessment. 4 32 5. The attorney general shall appoint a prosecutor's 4 33 review committee to review the records of each person referred 4 34 to the attorney general pursuant to subsection 1. The 4 35 prosecutor's review committee shall assist the attorney 5 1 general in the determination of whether or not the person 5 2 meets the definition of a sexually violent predator. The 5 3 assessment of the multidisciplinary team shall be made 5 4 available to the attorney general and the prosecutor's review 5 5 committee. 5 6 Sec. 4. NEW SECTION. 229A.4 PETITION, TIME, CONTENTS. 5 7 1. If it appears that a person presently confined may be a 5 8 sexually violent predator and the prosecutor's review 5 9 committee has determined that the person meets the definition 5 10 of a sexually violent predator, the attorney general may file 5 11 a petition, within seventy-five days of the date the attorney 5 12 general received the written notice by the agency of 5 13 jurisdiction pursuant to section 229A.3, alleging that the 5 14 person is a sexually violent predator and stating sufficient 5 15 facts to support such an allegation. 5 16 2. A prosecuting attorney of the county in which the 5 17 person was convicted or charged, or the attorney general if 5 18 requested by the prosecuting attorney, may file a petition 5 19 alleging that a person is a sexually violent predator and 5 20 stating sufficient facts to support such an allegation, if it 5 21 appears that a person who has committed a recent overt act 5 22 meets any of the following criteria: 5 23 a. The person was convicted of a sexually violent offense 5 24 and has been discharged after the completion of the sentence 5 25 imposed for the offense. 5 26 b. The person was charged with, but was acquitted of, a 5 27 sexually violent offense by reason of insanity and has been 5 28 released from confinement or any supervision. 5 29 c. The person was charged with, but was found to be 5 30 incompetent to stand trial for, a sexually violent offense and 5 31 has been released from confinement or any supervision. 5 32 Sec. 5. NEW SECTION. 229A.5 PERSON TAKEN INTO CUSTODY, 5 33 DETERMINATION OF PROBABLE CAUSE, HEARING, EVALUATION. 5 34 1. Upon filing of a petition under section 229A.4, the 5 35 court shall make a preliminary determination as to whether 6 1 probable cause exists to believe that the person named in the 6 2 petition is a sexually violent predator. Upon a preliminary 6 3 finding of probable cause, the court shall direct that the 6 4 person named in the petition be taken into custody and that 6 5 the person be served with a copy of the petition and any 6 6 supporting documentation and notice of the procedures required 6 7 by this chapter. If the person is in custody at the time of 6 8 the filing of the petition, the court shall determine whether 6 9 a transfer of the person to an appropriate secure facility is 6 10 appropriate pending the outcome of the proceedings or whether 6 11 the custody order should be delayed until the date of release 6 12 of the person. 6 13 2. Within seventy-two hours after being taken into custody 6 14 or being transferred to an appropriate secure facility, a 6 15 hearing shall be held to determine whether probable cause 6 16 exists to believe the detained person is a sexually violent 6 17 predator. At the probable cause hearing, the detained person 6 18 shall have the following rights: 6 19 a. To be provided with prior notice of date, time, and 6 20 location of the probable cause hearing. 6 21 b. To respond to the preliminary finding of probable 6 22 cause. 6 23 c. To appear in person at the hearing. 6 24 d. To be represented by counsel. 6 25 e. To present evidence on the respondent's own behalf. 6 26 f. To cross-examine witnesses who testify against the 6 27 respondent. 6 28 g. To view and copy all petitions and reports in the 6 29 possession of the court. 6 30 3. At the hearing, the state may rely upon the petition 6 31 filed under subsection 1 but may also supplement the petition 6 32 with additional documentary evidence or live testimony. 6 33 4. At the conclusion of the hearing, the court shall enter 6 34 an order which does both of the following: 6 35 a. Verifies the respondent's identity. 7 1 b. Determines whether probable cause exists to believe 7 2 that the respondent is a sexually violent predator. 7 3 5. If the court determines that probable cause does exist, 7 4 the court shall direct that the respondent be transferred to 7 5 an appropriate secure facility, including, but not limited to, 7 6 a county jail, for an evaluation as to whether the respondent 7 7 is a sexually violent predator. The evaluation shall be 7 8 conducted by a person deemed to be professionally qualified to 7 9 conduct such an examination. 7 10 Sec. 6. NEW SECTION. 229A.6 COUNSEL AND EXPERTS, 7 11 INDIGENT PERSONS. 7 12 1. A respondent to a petition alleging the person to be a 7 13 sexually violent predator shall be entitled to the assistance 7 14 of counsel upon the filing of the petition under section 7 15 299A.4 and, if the respondent is indigent, the court shall 7 16 appoint counsel to assist the respondent at state expense. 7 17 2. If a respondent is subjected to an examination under 7 18 this chapter, the respondent may retain experts or 7 19 professional persons to perform an independent examination on 7 20 the respondent's behalf. If the respondent wishes to be 7 21 examined by a qualified expert or professional person of the 7 22 respondent's own choice, the examiner of the respondent's 7 23 choice shall be given reasonable access to the respondent for 7 24 the purpose of the examination, as well as access to all 7 25 relevant medical and psychological records and reports. If 7 26 the respondent is indigent, the court, upon the respondent's 7 27 request, shall determine whether the services are necessary 7 28 and the reasonable compensation for the services. If the 7 29 court determines that the services are necessary and the 7 30 requested compensation for the services is reasonable, the 7 31 court shall assist the respondent in obtaining an expert or 7 32 professional person to perform an examination or participate 7 33 in the trial on the respondent's behalf. The court shall 7 34 approve payment for such services upon the filing of a 7 35 certified claim for compensation supported by a written 8 1 statement specifying the time expended, services rendered, 8 2 expenses incurred on behalf of the respondent, and 8 3 compensation received in the same case or for the same 8 4 services from any other source. 8 5 Sec. 7. NEW SECTION. 229A.7 TRIAL, DETERMINATION, 8 6 COMMITMENT PROCEDURE, CHAPTER 28E AGREEMENTS, MISTRIALS. 8 7 1. If the person charged with a sexually violent offense 8 8 has been found incompetent to stand trial and the person is 8 9 about to be released pursuant to section 812.5, or the person 8 10 has been found not guilty of a sexually violent offense by 8 11 reason of insanity, if a petition has been filed seeking the 8 12 person's commitment under this chapter, the court shall first 8 13 hear evidence and determine whether the person did commit the 8 14 act or acts charged. At the hearing on this issue, the rules 8 15 of evidence applicable in criminal cases shall apply, and all 8 16 constitutional rights available to defendants at criminal 8 17 trials, other than the right not to be tried while 8 18 incompetent, shall apply. After hearing evidence on this 8 19 issue, the court shall make specific findings on whether the 8 20 person did commit the act or acts charged, the extent to which 8 21 the person's incompetence or insanity affected the outcome of 8 22 the hearing, including its effect on the person's ability to 8 23 consult with and assist counsel and to testify on the person's 8 24 own behalf, the extent to which the evidence could be 8 25 reconstructed without the assistance of the person, and the 8 26 strength of the prosecution's case. If after the conclusion 8 27 of the hearing on this issue, the court finds, beyond a 8 28 reasonable doubt, that the person did commit the act or acts 8 29 charged, the court shall enter a final order, appealable by 8 30 the person, on that issue, and may proceed to consider whether 8 31 the person should be committed pursuant to this chapter. 8 32 2. Within sixty days after the completion of the probable 8 33 cause hearing held pursuant to section 229A.5, the court shall 8 34 conduct a trial to determine whether the respondent is a 8 35 sexually violent predator. The trial may be continued upon 9 1 the request of either party and a showing of good cause, or by 9 2 the court on its own motion in the due administration of 9 3 justice, and when the respondent will not be substantially 9 4 prejudiced. The respondent, the attorney general, or the 9 5 judge shall have the right to demand that the trial be before 9 6 a jury. Such demand for the trial to be before a jury shall 9 7 be filed, in writing, at least four days prior to trial. The 9 8 number and selection of jurors shall be determined as provided 9 9 in chapter 607A. If no demand is made, the trial shall be 9 10 before the court. 9 11 3. At trial, the court or jury shall determine whether, 9 12 beyond a reasonable doubt, the respondent is a sexually 9 13 violent predator. If the determination that the respondent is 9 14 a sexually violent predator is made by a jury, the 9 15 determination shall be by unanimous verdict of such jury. 9 16 If the court or jury determines that the respondent is a 9 17 sexually violent predator, the respondent shall be committed 9 18 to the custody of the director of the department of human 9 19 services for control, care, and treatment until such time as 9 20 the person's mental abnormality has so changed that the person 9 21 is safe to be at large. The determination may be appealed. 9 22 4. The control, care, and treatment of a person determined 9 23 to be a sexually violent predator shall be provided at a 9 24 facility operated by the department of human services. At all 9 25 times, persons committed for control, care, and treatment by 9 26 the department of human services pursuant to this chapter 9 27 shall be kept in a secure facility and those patients shall be 9 28 segregated at all times from any other patient under the 9 29 supervision of the department of human services. A person 9 30 committed pursuant to this chapter to the custody of the 9 31 department of human services may be kept in a facility or 9 32 building separate from any other patient under the supervision 9 33 of the department of human services. The department of human 9 34 services may enter into a chapter 28E agreement with the 9 35 department of corrections or other appropriate agency in this 10 1 state or another state for the confinement of patients who 10 2 have been determined to be sexually violent predators. 10 3 Patients who are in the confinement of the director of the 10 4 department of corrections pursuant to a chapter 28E agreement 10 5 shall be housed and managed separately from criminal offenders 10 6 in the custody of the director of the department of 10 7 corrections, and except for occasional instances of supervised 10 8 incidental contact, shall be segregated from those offenders. 10 9 5. If the court or jury is not satisfied beyond a 10 10 reasonable doubt that the respondent is a sexually violent 10 11 predator, the court shall direct the respondent's release. 10 12 Upon a mistrial, the court shall direct that the respondent be 10 13 held at an appropriate secure facility, including, but not 10 14 limited to, a county jail, until another trial is conducted. 10 15 Any subsequent trial following a mistrial shall be held within 10 16 ninety days of the previous trial, unless such subsequent 10 17 trial is continued as provided in subsection 1. 10 18 Sec. 8. NEW SECTION. 229A.8 ANNUAL EXAMINATIONS, 10 19 DISCHARGE PETITIONS BY PERSONS COMMITTED. 10 20 1. Each person committed under this chapter shall have a 10 21 current examination of the person's mental abnormality made 10 22 once every year. The person may retain, or if the person is 10 23 indigent and so requests, the court may appoint a qualified 10 24 expert or professional person to examine such person, and such 10 25 expert or professional person shall be given access to all 10 26 records concerning the person. 10 27 2. The annual report shall be provided to the court that 10 28 committed the person under this chapter. The court shall 10 29 conduct an annual review and probable cause hearing on the 10 30 status of the committed person. 10 31 3. Nothing contained in this chapter shall prohibit the 10 32 person from otherwise petitioning the court for discharge at 10 33 the probable cause hearing. The director of human services 10 34 shall provide the committed person with an annual written 10 35 notice of the person's right to petition the court for 11 1 discharge over the director's objection. The notice shall 11 2 contain a waiver of rights. The director shall forward the 11 3 notice and waiver form to the court with the annual report. 11 4 4. The committed person shall have a right to have an 11 5 attorney represent the person at the probable cause hearing 11 6 but the person is not entitled to be present at the hearing. 11 7 If the court at the hearing determines that probable cause 11 8 exists to believe that the person's mental abnormality has so 11 9 changed that the person is safe to be at large and will not 11 10 engage in predatory acts or sexually violent offenses if 11 11 discharged, then the court shall set a final hearing on the 11 12 issue. 11 13 5. At the final hearing, the committed person shall be 11 14 entitled to be present and is entitled to the benefit of all 11 15 constitutional protections that were afforded the person at 11 16 the original commitment proceeding. The attorney general 11 17 shall represent the state and shall have a right to a jury 11 18 trial and to have the committed person evaluated by experts 11 19 chosen by the state. The committed person shall also have the 11 20 right to have experts evaluate the person on the person's 11 21 behalf. The court shall appoint an expert if the person is 11 22 indigent and requests an appointment. The burden of proof at 11 23 the hearing shall be upon the state to prove beyond a 11 24 reasonable doubt that the committed person's mental 11 25 abnormality or personality disorder remains such that the 11 26 person is not safe to be at large and if discharged is likely 11 27 to engage in acts of sexual violence. 11 28 Sec. 9. NEW SECTION. 229A.9 DETENTION AND COMMITMENT TO 11 29 CONFORM TO CONSTITUTIONAL REQUIREMENTS. 11 30 The involuntary detention or commitment of persons under 11 31 this chapter shall conform to constitutional requirements for 11 32 care and treatment. 11 33 Sec. 10. NEW SECTION. 229A.10 PETITION FOR DISCHARGE – 11 34 PROCEDURE. 11 35 If the director of human services determines that the 12 1 person's mental abnormality has so changed that the person is 12 2 not likely to commit predatory acts or sexually violent 12 3 offenses if discharged, the director shall authorize the 12 4 person to petition the court for discharge. The petition 12 5 shall be served upon the court and the attorney general. The 12 6 court, upon receipt of the petition for discharge, shall order 12 7 a hearing within thirty days. The attorney general shall 12 8 represent the state, and shall have the right to have the 12 9 petitioner examined by an expert or professional person of the 12 10 attorney general's choice. The hearing shall be before a jury 12 11 if demanded by either the petitioner or the attorney general. 12 12 The burden of proof shall be upon the attorney general to show 12 13 beyond a reasonable doubt that the petitioner's mental 12 14 abnormality or personality disorder remains such that the 12 15 petitioner is not safe to be at large and that if discharged 12 16 is likely to commit predatory acts or sexually violent 12 17 offenses. 12 18 Sec. 11. NEW SECTION. 229A.11 SUBSEQUENT DISCHARGE 12 19 PETITIONS, LIMITATIONS. 12 20 Nothing in this chapter shall prohibit a person from filing 12 21 a petition for discharge pursuant to this chapter. However, 12 22 if a person has previously filed a petition for discharge 12 23 without the authorization of the director of human services, 12 24 and the court determines either upon review of the petition or 12 25 following a hearing that the petition was frivolous or that 12 26 the petitioner's condition had not so changed that the person 12 27 was safe to be at large, then the court shall summarily deny 12 28 the subsequent petition unless the petition contains facts 12 29 upon which a court could find the condition of the petitioner 12 30 had so changed that a hearing was warranted. Upon receipt of 12 31 a first or subsequent petition from a committed person without 12 32 the director's authorization, the court shall endeavor 12 33 whenever possible to review the petition and determine if the 12 34 petition is based upon frivolous grounds. If the court 12 35 determines that a petition is frivolous, the court shall deny 13 1 the petition without a hearing. 13 2 Sec. 12. NEW SECTION. 229A.12 DIRECTOR OF HUMAN SERVICES 13 3 – RESPONSIBILITY FOR COSTS – DUTIES – REIMBURSEMENT. 13 4 The director of human services shall be responsible for all 13 5 costs relating to the evaluation and treatment of persons 13 6 committed to the director's custody under any provision of 13 7 this chapter. Reimbursement may be obtained by the director 13 8 from the patient and any person legally liable or bound by 13 9 contract for the support of the patient for the cost of care 13 10 and treatment provided. 13 11 Sec. 13. NEW SECTION. 229A.13 NOTICE TO VICTIMS OF 13 12 DISCHARGE OF PERSONS COMMITTED. 13 13 In addition to any other information required to be 13 14 released under this chapter, prior to the discharge of a 13 15 person committed under this chapter, the director of human 13 16 services shall give written notice of the person's discharge 13 17 to any living victim of the person's activities or crime whose 13 18 address is known to the director or, if the victim is 13 19 deceased, to the victim's family, if the family's address is 13 20 known. Failure to notify shall not be a reason for 13 21 postponement of discharge. Nothing in this section shall 13 22 create a cause of action against the state or an employee of 13 23 the state acting within the scope of the employee's employment 13 24 as a result of the failure to notify pursuant to this action. 13 25 Sec. 14. NEW SECTION. 229A.15 SEVERABILITY. 13 26 If any provision of this chapter or the application thereof 13 27 to any person or circumstances is held invalid, the invalidity 13 28 shall not affect other provisions or applications of the 13 29 chapter which can be given effect without the invalid 13 30 provisions or application and, to this end, the provisions of 13 31 this chapter are severable. 13 32 Sec. 15. NEW SECTION. 229A.16 RELEASE OF CONFIDENTIAL OR 13 33 PRIVILEGED INFORMATION AND RECORDS. 13 34 Notwithstanding anything in chapter 22 to the contrary, 13 35 relevant information and records which would otherwise be 14 1 confidential or privileged shall be released to the agency 14 2 with jurisdiction or the attorney general for the purpose of 14 3 meeting the notice requirement provided in section 229A.3 and 14 4 determining whether a person is or continues to be a sexually 14 5 violent predator. 14 6 Sec. 16. NEW SECTION. 229A.17 COURT RECORDS – SEALED 14 7 AND OPENED BY COURT ORDER. 14 8 Any psychological reports, drug and alcohol reports, 14 9 treatment records, reports of any diagnostic center, medical 14 10 records, or victim impact statements which have been submitted 14 11 to the court or admitted into evidence under this chapter 14 12 shall be part of the record but shall be sealed and opened 14 13 only on order of the court. 14 14 Sec. 17. NEW SECTION. 229A.18 SHORT TITLE. 14 15 This chapter shall be known and may be cited as the 14 16 "Sexually Violent Predator Act". 14 17 Sec. 18. Section 815.11, Code 1997, is amended to read as 14 18 follows: 14 19 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 14 20 Costs incurred under chapter 229A, section 232.141, 14 21 subsection 3, paragraph "c", sections 814.9, 814.10, 814.11, 14 22 815.4, 815.5, 815.6, 815.7, 815.10, or the rules of criminal 14 23 procedure on behalf of an indigent shall be paid from funds 14 24 appropriated by the general assembly to the department of 14 25 inspections and appeals for those purposes. 14 26 Sec. 19. Section 901A.2, subsections 3 and 4, Code 1997, 14 27 are amended to read as follows: 14 28 3.AExcept as otherwise provided in subsection 4A, a 14 29 person convicted of a sexually predatory offense which is a 14 30 felony, who has a prior conviction for a sexually predatory 14 31 offense, shall be sentenced to and shall serve twice the 14 32 maximum period of incarceration for the offense, or twenty- 14 33 five years, whichever is greater, notwithstanding any other 14 34 provision of the Code to the contrary. A person sentenced 14 35 under this subsection shall not have the person's sentence 15 1 reduced under chapter 903A or otherwise by more than fifteen 15 2 percent. 15 3 4.AExcept as otherwise provided in subsection 4A, a 15 4 person convicted of a sexually predatory offense which is a 15 5 felony who has previously been sentenced under subsection 3 15 6 shall be sentenced to life in prison on the same terms as a 15 7 class "A" felon under section 902.1, notwithstanding any other 15 8 provision of the Code to the contrary. In order for a person 15 9 to be sentenced under this subsection, the prosecuting 15 10 attorney shall allege and prove that this section is 15 11 applicable to the person. 15 12 Sec. 20. Section 901A.2, Code 1997, is amended by adding 15 13 the following new subsection: 15 14 NEW SUBSECTION. 4A. A person who has been convicted of a 15 15 violation of section 709.3, subsection 2, shall, upon a second 15 16 conviction for a violation of section 709.3, subsection 2, be 15 17 committed to the custody of the director of the Iowa 15 18 department of corrections for the rest of the person's life. 15 19 In determining whether a conviction is a first or second 15 20 conviction under this subsection, a prior conviction for a 15 21 criminal offense committed in another jurisdiction which would 15 22 constitute a violation of section 709.3, subsection 2, if 15 23 committed in this state, shall be considered a conviction 15 24 under this subsection. The terms and conditions applicable to 15 25 sentences for class "A" felons under chapters 901 through 909 15 26 shall apply to persons sentenced under this subsection. 15 27 Sec. 21. NEW SECTION. 903B.1 HORMONAL INTERVENTION 15 28 THERAPY – CERTAIN SEX OFFENSES. 15 29 1. A person who has been convicted of a serious sex 15 30 offense may, upon a first conviction and in addition to any 15 31 other punishment provided by law, be required to undergo 15 32 medroxyprogesterone acetate treatment as part of any 15 33 conditions of release imposed by the court or the board of 15 34 parole. The treatment prescribed in this section may utilize 15 35 an approved pharmaceutical agent other than 16 1 medroxyprogesterone acetate. Upon a second or subsequent 16 2 conviction, the court or the board of parole shall require the 16 3 person to undergo medroxyprogesterone acetate or other 16 4 approved pharmaceutical agent treatment as a condition of 16 5 release, unless, after an appropriate assessment, the court or 16 6 board determines that the treatment would not be effective. 16 7 In determining whether a conviction is a first or second 16 8 conviction under this section, a prior conviction for a 16 9 criminal offense committed in another jurisdiction which would 16 10 constitute a violation of section 709.3, subsection 2, if 16 11 committed in this state, shall be considered a conviction 16 12 under this section. This section shall not apply if the 16 13 person voluntarily undergoes a permanent surgical alternative 16 14 approved by the court or the board of parole. 16 15 2. If a person is placed on probation and is not in 16 16 confinement at the time of sentencing, the presentence 16 17 investigation shall include a plan for initiation of treatment 16 18 as soon as is reasonably possible after the person is 16 19 sentenced. If the person is in confinement prior to release 16 20 on probation or parole, treatment shall commence prior to the 16 21 release of the person from confinement. Conviction of a 16 22 serious sex offense shall constitute exceptional circumstances 16 23 warranting a presentence investigation under section 901.2. 16 24 3. If the serious sex offense is a felony, the court may 16 25 include, in addition to any other punishment provided by law, 16 26 that the person receive a special sentence committing the 16 27 person into the custody of the director of the Iowa department 16 28 of corrections for the rest of the person's life, with 16 29 eligibility for parole as provided in chapter 906. The 16 30 special sentence imposed under this subsection shall commence 16 31 upon completion of the sentence imposed under any applicable 16 32 criminal sentencing provisions for the underlying serious sex 16 33 offense and shall be supervised as if on parole, shall include 16 34 the same treatment terms and conditions as required in 16 35 subsection 1, and may include any other terms and conditions 17 1 deemed appropriate to protect the public and promote the 17 2 rehabilitation of the person. Notwithstanding section 906.15, 17 3 a person receiving an additional special sentence pursuant to 17 4 this subsection shall not be discharged from parole. 17 5 4. For purposes of this section, a "serious sex offense" 17 6 means any of the following offenses in which the victim was a 17 7 child who was, at the time the offense was committed, twelve 17 8 years of age or younger: 17 9 a. Sexual abuse in the first degree, in violation of 17 10 section 709.2. 17 11 b. Sexual abuse in the second degree, in violation of 17 12 section 709.3. 17 13 c. Sexual abuse in the third degree, in violation of 17 14 section 709.4. 17 15 d. Lascivious acts with a child, in violation of section 17 16 709.8. 17 17 e. Assault with intent, in violation of section 709.11. 17 18 f. Indecent contact with a minor, in violation of section 17 19 709.12. 17 20 g. Lascivious conduct with a minor, in violation of 17 21 section 709.14. 17 22 h. Sexual exploitation by a counselor in violation of 17 23 section 709.15. 17 24 i. Sexual exploitation of a minor, in violation of section 17 25 728.12, subsections 1 and 2. 17 26 5. The department of corrections, in consultation with the 17 27 board of parole, shall adopt rules which provide for the 17 28 initiation of medroxyprogesterone acetate or other approved 17 29 pharmaceutical agent treatment prior to the parole or work 17 30 release of a person who has been convicted of a serious sex 17 31 offense and who is required to undergo treatment as a 17 32 condition of release by the board of parole. The department's 17 33 rules shall also establish standards for the supervision of 17 34 the treatment by the judicial district department of 17 35 correctional services during the period of release. Each 18 1 district department of correctional services shall adopt 18 2 policies and procedures which provide for the initiation or 18 3 continuation of medroxyprogesterone acetate or other approved 18 4 pharmaceutical agent treatment as a condition of release for 18 5 each person who is required to undergo the treatment by the 18 6 court or the board of parole. The board of parole shall, in 18 7 consultation with the department of corrections, adopt rules 18 8 which relate to initiation or continuation of 18 9 medroxyprogesterone acetate or other approved pharmaceutical 18 10 agent treatment as a condition of any parole or work release. 18 11 Any rules, standards, and policies and procedures adopted 18 12 shall provide for the continuation of the treatment until the 18 13 agency in charge of supervising the treatment determines that 18 14 the treatment is no longer necessary. 18 15 6. A person who is required to undergo medroxyprogesterone 18 16 acetate treatment, or treatment utilizing another approved 18 17 pharmaceutical agent, pursuant to this section, shall be 18 18 required to pay a reasonable fee to pay for the costs of 18 19 providing the treatment. A requirement that a person pay a 18 20 fee shall include provision for reduction, deferral, or waiver 18 21 of payment if the person is financially unable to pay the fee. 18 22 Sec. 22. SEX OFFENDER TREATMENT INTERIM STUDY COMMITTEE. 18 23 The legislative council is requested to authorize an interim 18 24 study committee to issue a report to the general assembly 18 25 which convenes in 1999, concerning the treatments available 18 26 and used in the United States and other countries to 18 27 rehabilitate juvenile and adult sex offenders and deter those 18 28 persons from engaging in criminal sexual acts or activities in 18 29 the future. 18 30 18 31 18 32 18 33 MARY E. KRAMER 18 34 President of the Senate 18 35 19 1 19 2 19 3 RON J. CORBETT 19 4 Speaker of the House 19 5 19 6 I hereby certify that this bill originated in the Senate and 19 7 is known as Senate File 2398, Seventy-seventh General Assembly. 19 8 19 9 19 10 19 11 MARY PAT GUNDERSON 19 12 Secretary of the Senate 19 13 Approved , 1998 19 14 19 15 19 16 19 17 TERRY E. BRANSTAD 19 18 Governor
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