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PAG LIN 1 1 DIVISION I 1 2 Section 1. NEW SECTION. 229A.1 SHORT TITLE. 1 3 This chapter shall be known and may be cited as the 1 4 "Sexually Violent Predator Act". 1 5 Sec. 2. NEW SECTION. 229A.2 LEGISLATIVE FINDINGS. 1 6 The general assembly finds that sexually violent predators, 1 7 due to their mental abnormality, pose significant risks to the 1 8 public due to their inability to control their violent 1 9 behavior. The general assembly further finds that the 1 10 prognosis for rehabilitating sexually violent predators in a 1 11 prison setting is poor, the treatment needs of this population 1 12 are long term, and the treatment modalities for this 1 13 population are very different from the traditional treatment 1 14 modalities utilized under the voluntary and involuntary 1 15 commitment procedures delineated under chapter 229 as 1 16 appropriate for persons with mental illness. This chapter is 1 17 established to provide a civil commitment procedure more 1 18 appropriate to the long-term care and treatment needs of 1 19 sexually violent predators. 1 20 Sec. 3. NEW SECTION. 229A.3 DEFINITIONS. 1 21 As used in this chapter: 1 22 1. "Mental abnormality" means a condition affecting a 1 23 person's emotional or volitional capacity and predisposing the 1 24 person to commit criminal sexual acts to a degree that makes 1 25 the person a menace to the health and safety of others. 1 26 2. "Predatory act" means an act directed toward any person 1 27 with whom contact has been initiated for the primary purpose 1 28 of victimization. 1 29 3. "Sexually motivated act" means an act committed for the 1 30 purpose of arousing or satisfying the sexual desires of either 1 31 the actor or the person upon whom the act is committed. 1 32 4. "Sexually violent offense" means any of the following: 1 33 a. A public offense under section 709.2, 709.3, 709.4, 1 34 709.8, 709.11, 709.12, or 709.14. 1 35 b. Murder in the first or second degree under section 2 1 707.2 or 707.3, assault under section 708.1, domestic abuse 2 2 assault under section 708.2A, kidnapping in the first or 2 3 second degree under section 710.2 or 710.3, or burglary or 2 4 attempted burglary in the first degree under section 713.3 or 2 5 713.4, which is determined beyond a reasonable doubt at the 2 6 time of sentencing, or during civil commitment proceedings 2 7 conducted subsequent to the offense, to have been a sexually 2 8 motivated act. 2 9 c. A felony offense under federal law or the law of 2 10 another state which, if committed under the law of this state, 2 11 would constitute an offense under paragraph "a" or "b". 2 12 d. A violation of chapter 705 or 706 which was committed 2 13 for purposes of the commission of an offense under paragraph 2 14 "a", "b", or "c". 2 15 5. "Sexually violent predator" means a person who has 2 16 committed a sexually violent offense and who suffers from a 2 17 mental abnormality. 2 18 Sec. 4. NEW SECTION. 229A.4 SEXUALLY VIOLENT PREDATOR 2 19 PETITION. 2 20 1. The attorney general or a county attorney may file a 2 21 petition in district court alleging that a person is a 2 22 sexually violent predator. The petition shall state 2 23 sufficient facts to support the allegation and shall be 2 24 accompanied by an affidavit of a licensed physician or other 2 25 qualified mental health professional as defined in section 2 26 229.1, subsection 11, which corroborates the allegations 2 27 regarding mental abnormality contained in the petition. 2 28 2. The petition may be filed under either of the following 2 29 circumstances: 2 30 a. The person has been convicted of, pleaded guilty to, or 2 31 been adjudicated delinquent for committing a sexually violent 2 32 offense. 2 33 b. The person has been found not guilty by reason of 2 34 insanity of a sexually violent offense or has been found to be 2 35 incompetent to stand trial for the alleged commission of a 3 1 sexually violent offense. 3 2 3. The attorney general, in consultation with the director 3 3 of human services and the Iowa county attorneys' association, 3 4 shall develop filing standards for use in determining whether 3 5 a petition shall be filed. A case evaluation committee, 3 6 consisting of mental health professionals, law enforcement 3 7 officials, and prosecutors familiar with sexually violent 3 8 offenses and predatory acts, may be convened by the attorney 3 9 general to provide assistance in case evaluation prior to the 3 10 filing of a petition. 3 11 4. If a petition under this section is filed by a county 3 12 attorney, the costs of prosecution shall be paid by the 3 13 county. If the petition is filed by the attorney general, the 3 14 costs of prosecution shall be paid by the state. All other 3 15 costs shall be paid by the state. 3 16 Sec. 5. NEW SECTION. 229A.5 JUDICIAL DETERMINATION – 3 17 EVALUATION. 3 18 Within seventy-two hours of the filing of a petition under 3 19 section 229A.4, the court shall conduct a probable cause 3 20 hearing in the presence of the person alleged to be a sexually 3 21 violent predator. Upon a finding of probable cause that the 3 22 person is a sexually violent predator, the court shall direct 3 23 the person to be taken to an appropriate facility for 3 24 evaluation as to whether the person is a sexually violent 3 25 predator. The evaluation shall be conducted by a person who 3 26 possesses the professional qualifications specified in rules 3 27 adopted by the department of corrections in consultation with 3 28 the department of human services and the division of criminal 3 29 and juvenile justice planning of the department of human 3 30 rights. 3 31 Sec. 6. NEW SECTION. 229A.6 TRIAL – RIGHTS OF PARTIES. 3 32 Not later than forty-five days after the filing of a 3 33 petition under section 229A.4, unless the time limitation is 3 34 waived by the person, the court shall conduct a trial to 3 35 determine whether the person is a sexually violent predator. 4 1 At all stages of the proceedings under this chapter, any 4 2 person alleged to be a sexually violent predator shall be 4 3 entitled to representation by legal counsel, and if the person 4 4 is indigent, the court shall appoint legal counsel to 4 5 represent that person. If a person is subjected to an 4 6 evaluation under this chapter, the person may retain experts 4 7 or professional persons to perform an evaluation on the 4 8 person's behalf. The person may be evaluated by a qualified 4 9 expert or professional person of such person's own choosing, 4 10 and the expert or professional shall have reasonable access to 4 11 the person for the purpose of such evaluation, as well as to 4 12 all relevant medical and psychological records and reports. 4 13 In the case of a person who is indigent, the court shall, upon 4 14 the person's request, assist the person in obtaining an expert 4 15 or professional person to perform an evaluation or participate 4 16 in the trial on the person's behalf. 4 17 Sec. 7. NEW SECTION. 229A.7 TRIAL – DETERMINATION – 4 18 COMMITMENT PROCEDURES. 4 19 1. If a petition is filed under this chapter with respect 4 20 to a person who has been charged with a sexually violent 4 21 offense, who has been found incompetent to stand trial, and 4 22 who is about to be or has been released, the court shall hear 4 23 evidence and determine whether the person committed the acts 4 24 constituting the sexually violent offense or offenses charged 4 25 before proceeding as provided in subsection 2. The hearing on 4 26 this issue must comply with all the procedures specified in 4 27 this section. In addition, the rules of evidence applicable 4 28 in criminal cases shall apply, and all constitutional rights 4 29 available to defendants at criminal trials, other than the 4 30 right to be tried by a jury and the right not to be tried 4 31 while incompetent, shall apply. After hearing evidence on 4 32 this issue, the court shall make specific findings on whether 4 33 the person committed the sexually violent offense or offenses 4 34 charged, the extent to which the person's incompetence 4 35 affected the outcome of the hearing under this subsection, 5 1 including its effect on the person's ability to consult with 5 2 and assist legal counsel and to testify on the person's own 5 3 behalf, the extent to which the evidence could be 5 4 reconstructed without the assistance of the person, and the 5 5 strength of the prosecution's case. If, after the conclusion 5 6 of the hearing on the issue, the court finds, beyond a 5 7 reasonable doubt, that the person committed the sexually 5 8 violent offense or offenses charged, the court shall enter a 5 9 final order on the issue and may proceed under subsection 2 to 5 10 consider whether the person should be committed. A final 5 11 order entered under this subsection may be appealed by the 5 12 person. 5 13 2. At trial, the court shall determine whether, beyond a 5 14 reasonable doubt, the person is a sexually violent predator. 5 15 If the court determines that the person is a sexually violent 5 16 predator, the person shall be committed to the custody of the 5 17 department of human services for placement in the Oakdale 5 18 state hospital for sexually violent predators for control, 5 19 care, and treatment until such time as the person's mental 5 20 abnormality has so improved that the person is not likely to 5 21 engage in predatory acts by commission of sexually violent 5 22 offenses. If the court does not find beyond a reasonable 5 23 doubt that the person is a sexually violent predator, the 5 24 court shall order the person to be released in accordance with 5 25 the terms of the person's sentence, if any. The costs of any 5 26 placement at the Oakdale state hospital for sexually violent 5 27 predators shall be paid by the state. 5 28 3. If a minor is determined to be a sexually violent 5 29 predator pursuant to chapter 229A, the district court shall 5 30 retain exclusive jurisdiction over proceedings related to the 5 31 minor, including jurisdiction over any proceedings to 5 32 determine whether the minor is seriously mentally impaired 5 33 pursuant to chapter 229. 5 34 Sec. 8. NEW SECTION. 229A.8 ANNUAL EVALUATIONS – 5 35 REPORT. 6 1 A person committed under this chapter is entitled to have 6 2 an evaluation of the person's mental condition conducted at 6 3 least once annually. After the first anniversary of the 6 4 person's commitment the person may request that the court 6 5 order a mental evaluation be conducted more frequently than 6 6 annually. Upon the filing of the request, the court shall 6 7 determine whether probable cause exists to warrant an 6 8 additional mental evaluation. 6 9 The person may retain or, if the person is indigent and so 6 10 requests, the court may appoint a qualified expert or a 6 11 professional person to evaluate the person at state expense, 6 12 and the expert or professional person shall have access to all 6 13 records concerning the person. An annual report containing 6 14 copies of the annual and any independent evaluation shall be 6 15 provided to the court that committed the person upon 6 16 completion of the evaluations. 6 17 Sec. 9. NEW SECTION. 229A.9 PETITION FOR RELEASE – 6 18 PROCEDURES. 6 19 1. If the director of human services determines that the 6 20 mental abnormality of a person committed under this chapter 6 21 has so improved that the person is not likely to engage in 6 22 predatory acts by commission of sexually violent offenses if 6 23 released, the director shall petition the court for the 6 24 person's release. The court, upon receipt of the petition for 6 25 release, shall order a hearing on the petition to be held not 6 26 later than forty-five days after the date of the filing of the 6 27 petition. The attorney general shall represent the state and 6 28 shall have the right to have the person evaluated by an expert 6 29 or professional person of the attorney general's choice. The 6 30 burden of proof shall be upon the state to prove beyond a 6 31 reasonable doubt that the person's mental abnormality remains 6 32 such that the person, if released, is likely to engage in 6 33 predatory acts by commission of sexually violent offenses. 6 34 2. A committed person may at any time petition the court 6 35 for release. The director of human services shall provide the 7 1 committed person with an annual written notice of the person's 7 2 right to petition the court for release. The notice shall 7 3 contain a waiver of the right to petition for release. The 7 4 director shall forward the notice and waiver form to the court 7 5 with the annual report. If the person does not affirmatively 7 6 waive the right to petition, the court shall schedule a show 7 7 cause hearing to determine whether facts exist that warrant a 7 8 hearing on whether the person's condition has so changed that 7 9 the person is not likely to engage in predatory acts by 7 10 commission of sexually violent offenses. The committed person 7 11 shall have the right to have an attorney represent the person 7 12 at the show cause hearing but the person is not entitled to be 7 13 present at the show cause hearing. If the court at the show 7 14 cause hearing determines that probable cause exists to believe 7 15 that the person's mental abnormality has so improved that the 7 16 person is not likely to engage in predatory acts by commission 7 17 of sexually violent offenses if released, the court shall set 7 18 a hearing on the issue. At the hearing, the committed person 7 19 is entitled to be present and entitled to the benefit of all 7 20 constitutional protections that were afforded the person at 7 21 the initial commitment proceeding. The attorney general shall 7 22 represent the state and shall have the right to have the 7 23 committed person evaluated by experts or professional persons 7 24 chosen by the attorney general. The committed person shall 7 25 also have the right to have experts evaluate the person on the 7 26 person's behalf at state expense and the court shall appoint 7 27 an expert or professional person if the person is indigent and 7 28 requests such an appointment. The burden of proof at the 7 29 hearing shall be upon the state to prove beyond a reasonable 7 30 doubt that the committed person's mental abnormality remains 7 31 such that the person is likely to engage in predatory acts by 7 32 commission of sexually violent offenses. 7 33 Sec. 10. NEW SECTION. 229A.10 RELEASE OF COMMITTED 7 34 PERSON. 7 35 Upon a finding that the state has failed to meet its burden 8 1 of proof under section 229A.9, the court shall authorize the 8 2 release of the committed person from the Oakdale state 8 3 hospital for sexually violent predators. Release may be 8 4 ordered with or without supervision. If supervised release is 8 5 ordered, the department of human services shall prepare a plan 8 6 addressing the person's needs for counseling, medication, 8 7 community support services, residential services, vocational 8 8 services, alcohol and other drug abuse treatment, and any 8 9 other treatment or supervision necessary. 8 10 Sec. 11. NEW SECTION. 229A.11 SUBSEQUENT PETITIONS. 8 11 If a person files a petition for release and has previously 8 12 filed a petition for release within one year of the filing of 8 13 the new petition, and the court has determined either upon 8 14 review of the previous petition or following a hearing on the 8 15 previous petition that the petitioner's petition was frivolous 8 16 or that the petitioner's condition had not so changed that the 8 17 person is not likely to engage in predatory acts by the 8 18 commission of sexually violent offenses, the court shall deny 8 19 the subsequent petition without a hearing unless the petition 8 20 contains facts upon which a court could find the condition of 8 21 the petitioner has changed so that a hearing is warranted. 8 22 Upon receipt of a first or subsequent petition from a 8 23 committed person, the court shall, whenever possible, review 8 24 the petition and determine if the petition is based upon 8 25 frivolous grounds, and if the court so determines, the court 8 26 shall deny the petition without a hearing. 8 27 DIVISION II 8 28 Sec. 12. Section 22.7, subsection 15, Code Supplement 8 29 1997, is amended to read as follows: 8 30 15. Information concerning the procedures to be used to 8 31 control disturbances at adult correctional institutions and at 8 32 the Oakdale state hospital for sexually violent predators. 8 33 Such information shall also be exempt from public inspection 8 34 under section 17A.3. As used in this subsection disturbance 8 35 means a riot or a condition that can reasonably be expected to 9 1 cause a riot. 9 2 Sec. 13. Section 217.1, Code 1997, is amended to read as 9 3 follows: 9 4 217.1 PROGRAMS OF DEPARTMENT. 9 5 There is established a department of human services to 9 6 administer programs designed to improve the well-being and 9 7 productivity of the people of the state of Iowa. The 9 8 department shall concern itself with the problems of human 9 9 behavior, adjustment, and daily living through the 9 10 administration of programs of family, child, and adult 9 11 welfare, economic assistance including costs of medical care, 9 12 rehabilitation toward self-care and support, delinquency 9 13 prevention and control, treatment and rehabilitation of 9 14 juvenile offenders and sexually violent predators, care and 9 15 treatment of persons with mental illness or mental 9 16 retardation, and other related programs as provided by law. 9 17 Sec. 14. Section 217.30, subsection 4, paragraph b, Code 9 18 Supplement 1997, is amended to read as follows: 9 19 b. Confidential information described in subsection 1, 9 20 paragraphs "a,", "b", and "c", shall be disclosed to public 9 21 officials, for use in connection with their official duties 9 22 relating to law enforcement, audits and other purposes 9 23directly connected with the administration of such programs9 24 unless specifically prohibited by federal law, upon written 9 25 application to and with approval of the director or the 9 26 director's designee. 9 27 Sec. 15. Section 217.30, Code Supplement 1997, is amended 9 28 by adding the following new subsection: 9 29 NEW SUBSECTION. 9. This section shall not apply to 9 30 exchanges of confidential information described in section 1 9 31 which are necessary for the department to properly administer 9 32 programs for sexually violent predators under chapters 226A 9 33 and 229A. 9 34 Sec. 16. Section 218.1, Code 1997, is amended by adding 9 35 the following new subsection: 10 1 NEW SUBSECTION. 8A. Oakdale state hospital for sexually 10 2 violent predators, Oakdale, Iowa. 10 3 Sec. 17. Section 218.3, subsection 2, Code 1997, is 10 4 amended to read as follows: 10 5 2. The administrator of the division of mental health and 10 6 developmental disabilities of the department of human services 10 7 has primary authority and responsibility relative to the 10 8 following institutions: Glenwood state hospital-school, 10 9 Woodward state hospital-school, mental health institute, 10 10 Cherokee, Iowa, mental health institute, Clarinda, Iowa, 10 11 mental health institute, Independence, Iowa,andmental health 10 12 institute, Mount Pleasant, Iowa, and Oakdale state hospital 10 13 for sexually violent predators. 10 14 Sec. 18. Section 218.9, unnumbered paragraph 1, Code 1997, 10 15 is amended to read as follows: 10 16 The administrator of the division of mental health and 10 17 developmental disabilities of the department of human 10 18 services, subject to the approval of the director of the 10 19 department, shall appoint the superintendents of the state 10 20 hospital-schools,andthe state mental health institutes, and 10 21 the Oakdale state hospital for sexually violent predators. 10 22 Sec. 19. Section 218.92, Code 1997, is amended to read as 10 23 follows: 10 24 218.92 DANGEROUS MENTALLY DISTURBED PATIENTS. 10 25 When a patient in a state hospital-school for persons with 10 26 mental retardation, a mental health institute, the Oakdale 10 27 state hospital for sexually violent predators, or an 10 28 institution under the administration of the administrator of 10 29 the division of mental health and developmental disabilities 10 30 of the department of human services, has become so mentally 10 31 disturbed as to constitute a danger to self, to other patients 10 32 in the institution, or to the public, and the institution 10 33 cannot provide adequate security, the administrator, with the 10 34 consent of the director of the Iowa department of corrections, 10 35 may order the patient to be transferred to the Iowa medical 11 1 and classification center, if the executive head of the 11 2 institution from which the patient is to be transferred, with 11 3 the support of a majority of the medical staff, recommends the 11 4 transfer in the interest of the patient, other patients, or 11 5 the public. If the patient transferred was hospitalized 11 6 pursuant to sections 229.6tothrough 229.15, the transfer 11 7 shall be promptly reported to the court which hospitalized the 11 8 patient, as required by section 229.15, subsection 4. If the 11 9 patient transferred was hospitalized pursuant to sections 11 10 229A.4 to through 229A.7, the transfer shall be promptly 11 11 reported to the court which hospitalized the patient. The 11 12 Iowa medical and classification center has the same rights, 11 13 duties, and responsibilities with respect to the patient as 11 14 the institution from which the patient was transferred had 11 15 while the patient was hospitalized there. The cost of the 11 16 transfer shall be paid from the funds of the institution from 11 17 which the transfer is made. 11 18 Sec. 20. Section 228.2, subsection 1, Code 1997, is 11 19 amended to read as follows: 11 20 1. Except as specifically authorized in section 228.3, 11 21 228.5, 228.6, 228.7, or 228.8, a mental health professional, 11 22 data collector, or employee or agent of a mental health 11 23 professional, of a data collector, or of or for a mental 11 24 health facility shall not disclose or permit the disclosure of 11 25 mental health information. However, mental health information 11 26 may be disclosed by or exchanged with any mental health 11 27 facility, mental health professional, or personnel of the 11 28 department of corrections to the extent necessary to conduct 11 29 examinations, perform evaluations, or undertake any other 11 30 obligation to determine whether a person is a sexually violent 11 31 predator or to determine whether a person should be committed 11 32 as a sexually violent predator, should continue to be held at 11 33 the Oakdale state hospital for sexually violent predators, or 11 34 should be or continue to be supervised as a sexually violent 11 35 predator pursuant to chapter 229A. 12 1 DIVISION III 12 2 Sec. 21. NEW SECTION. 226A.1 DEFINITIONS. 12 3 1. "Administrator" means the administrator of the division 12 4 of mental health and developmental disabilities of the 12 5 department of human services. 12 6 2. "Department" means the department of human services. 12 7 3. "Sexually violent predator" means a sexually violent 12 8 predator under section 229A.3. 12 9 Sec. 22. NEW SECTION. 226A.2 ESTABLISHMENT OF HOSPITAL. 12 10 A state hospital is established which shall be designed, 12 11 maintained, and administered for the care, observation, and 12 12 treatment of those persons who are determined to be sexually 12 13 violent predators pursuant to chapter 229A. 12 14 The department of human services shall have full power to 12 15 manage, control, and govern the hospital the same as other 12 16 institutions under its control. The administrator shall be 12 17 responsible for the administration and control of the 12 18 hospital. 12 19 Sec. 23. NEW SECTION. 226A.3 NAME – LOCATION. 12 20 The state hospital for sexually violent predators shall be 12 21 known as Oakdale state hospital for sexually violent predators 12 22 and shall be located at the Iowa medical and classification 12 23 center at Oakdale, Iowa. 12 24 Sec. 24. NEW SECTION. 226A.4 QUALIFICATIONS OF 12 25 SUPERINTENDENT. 12 26 The superintendent of the hospital shall be qualified by 12 27 experience and training in the administration of human service 12 28 programs. A hospital administrator or other person qualified 12 29 in business management appointed superintendent may also be 12 30 designated to perform the duties of a business manager without 12 31 additional compensation. A physician appointed as 12 32 superintendent shall be designated clinical director and shall 12 33 perform the duties imposed on the superintendent by section 12 34 226A.9, subsections 1 and 2, and such other duties of the 12 35 superintendent as must by their nature be performed by a 13 1 physician. 13 2 Sec. 25. NEW SECTION. 226A.5 HIRING OF EMPLOYEES. 13 3 The superintendent is authorized to hire such additional 13 4 officers and employees of the hospital, subject to the 13 5 approval of the administrator, as the superintendent 13 6 determines are necessary to assist in the duties of the 13 7 superintendent. 13 8 Sec. 26. NEW SECTION. 226A.6 POWER TO CONTRACT. 13 9 The department and the superintendent, subject to the 13 10 approval of the administrator, may contract with public or 13 11 private agencies to fulfill the duties of the superintendent. 13 12 Sec. 27. NEW SECTION. 226A.7 SALARY OF SUPERINTENDENT. 13 13 The salary of the superintendent of the hospital shall be 13 14 determined by the administrator. 13 15 Sec. 28. NEW SECTION. 226A.8 SUPERINTENDENT AS WITNESS. 13 16 The superintendent, or the superintendent's designee, when 13 17 called as a witness in any court or for any hearing, shall be 13 18 paid the same mileage which other witnesses are paid and, in 13 19 addition thereto, shall be paid a fee of twenty-five dollars 13 20 per day, which shall to revert to the support fund of the 13 21 hospital. 13 22 Sec. 29. NEW SECTION. 226A.9 DUTIES OF SUPERINTENDENT. 13 23 The superintendent shall do all of the following: 13 24 1. Have the immediate custody and control, subject to the 13 25 orders and policies of the administrator, of all patients 13 26 committed to the hospital. The superintendent, or the 13 27 superintendent's designee, shall have the authority to 13 28 determine all appropriate care and treatment plans for each 13 29 patient, including whether visitation within or outside the 13 30 hospital will be allowed. 13 31 2. Secure the professional care and treatment of each 13 32 patient confined at the hospital and maintain a complete 13 33 record of the condition of each patient confined at the 13 34 hospital. 13 35 3. Require all subordinate officers and employees to 14 1 perform their respective duties. 14 2 4. Have an official seal which includes the name of the 14 3 hospital and the word "Iowa" and affix the seal to all notices 14 4 and papers required to be issued by the superintendent. 14 5 5. Keep proper books for the hospital. 14 6 Sec. 30. NEW SECTION. 226A.10 RECEIVING PATIENTS. 14 7 Patients shall be received by the hospital in accordance 14 8 with the provisions of section 229A.7, subsection 2. 14 9 Sec. 31. NEW SECTION. 226A.11 IMMUNITY. 14 10 The department, officers and employees of the department, 14 11 administrator, superintendent, and officers and employees of 14 12 the hospital shall be immune from liability, both civil and 14 13 criminal, for any and all acts or omissions regarding the 14 14 treatment, care, custody, or restraint of a person alleged or 14 15 determined to be a sexually violent predator. 14 16 Sec. 32. NEW SECTION. 226A.12 MONTHLY REPORTS. 14 17 The administrator shall assure that the superintendent of 14 18 the hospital provides monthly reports concerning the 14 19 programmatic, environmental, and fiscal condition of the 14 20 hospital. 14 21 Sec. 33. NEW SECTION. 226A.13 PATIENTS' PERSONAL DEPOSIT 14 22 FUND CREATED. 14 23 1. A patients' personal deposit fund is established at the 14 24 hospital. 14 25 2. Any funds, including social security benefits, coming 14 26 into the possession of the superintendent or any employee of 14 27 the hospital belonging to any patient in the hospital, shall 14 28 be deposited in the name of that patient in the patients' 14 29 personal deposit fund. 14 30 3. The business manager shall deposit the patients' 14 31 personal deposit fund in a commercial savings account of a 14 32 bank of reputable standing. When deposits in the commercial 14 33 account exceed average monthly withdrawals, the business 14 34 manager may deposit the excess at interest. The savings 14 35 account shall be in the name of the patients' personal deposit 15 1 fund. 15 2 Sec. 34. NEW SECTION. 226A.14 RESTITUTION AND 15 3 REIMBURSEMENT TO THE STATE. 15 4 If a patient in the hospital is not receiving medical 15 5 assistance under chapter 249A and the amount in the account of 15 6 any patient in the patients' personal deposit fund exceeds two 15 7 hundred dollars, the business manager of the hospital may 15 8 apply any amount in excess of two hundred dollars toward 15 9 restitution owed by the patient pursuant to chapter 910 or to 15 10 reimburse the state for the liability incurred by the state 15 11 for the payment of care, treatment, support, and maintenance 15 12 of the patient. 15 13 Sec. 35. NEW SECTION. 226A.15 COSTS. 15 14 The costs and expenses of care, treatment, support, and 15 15 maintenance of the sexually violent predator shall be paid by 15 16 the state. 15 17 Sec. 36. NEW SECTION. 226A.16 UNAUTHORIZED DEPARTURE AND 15 18 RETAKING. 15 19 1. The superintendent and all other officers and employees 15 20 of the hospital, in case of the unauthorized departure of any 15 21 patient, shall exercise all due diligence to take the patient 15 22 into protective custody and return the patient to the 15 23 hospital. 15 24 2. A notification by the superintendent of an unauthorized 15 25 departure to any peace officer or correctional officer of the 15 26 state, to any officer or employee of the department of 15 27 corrections, or to any private person shall be sufficient 15 28 authority to such officer or person to take and return the 15 29 patient to the hospital. 15 30 Sec. 37. NEW SECTION. 226A.17 PAYMENT OF EXPENSES 15 31 ATTENDING RETAKING. 15 32 All actual and necessary expenses incurred in the taking 15 33 into protective custody, restraint, and return to the hospital 15 34 of a patient shall be paid on itemized vouchers, sworn to by 15 35 the claimants and approved by the business manager and the 16 1 administrator, from any moneys in the state treasury not 16 2 otherwise appropriated. 16 3 Sec. 38. NEW SECTION. 226A.18 INVESTIGATION OF DEATH – 16 4 NOTICE. 16 5 1. The county medical examiner shall investigate cases 16 6 where the death of a patient at the hospital occurs suddenly 16 7 and without apparent cause or if a patient dies and the 16 8 patient's relatives request an investigation. 16 9 2. The fees and expenses of the investigation, including 16 10 fees and expenses of an autopsy, shall be paid by the state, 16 11 unless the investigation and autopsy are requested by the 16 12 patient's relatives. Relatives of a deceased patient who 16 13 request an investigation and autopsy shall be liable for the 16 14 costs and payment may be required in advance. 16 15 3. When a patient in the hospital dies from any cause, the 16 16 superintendent of the hospital shall, within three days after 16 17 the date of death, send by certified mail a written notice of 16 18 death to all of the following persons: 16 19 a. The decedent's nearest relative. 16 20 b. The clerk of the district court of the county from 16 21 which the patient was committed. 16 22 c. The sheriff of the county from which the patient was 16 23 committed. 16 24 d. The prosecutor, or the prosecutor's successor, in the 16 25 proceedings to determine the patient was a sexually violent 16 26 predator. If the prosecutor was a county attorney, notice 16 27 shall also be sent to the attorney general. 16 28 Sec. 39. NEW SECTION. 226A.19 DISTURBANCE CONTROL – 16 29 CONFIDENTIALITY. 16 30 Regulations, procedures, and policies that govern the 16 31 internal administration of the Oakdale state hospital for 16 32 sexually violent predators, which, if released may jeopardize 16 33 the secure operation of the hospital, are confidential records 16 34 under section 22.7 and are not subject to public inspection 16 35 under section 17A.3 or section 22.2, unless otherwise ordered 17 1 by a court. 17 2 Sec. 40. NEW SECTION. 226A.20 REQUIRED TEST. 17 3 A patient committed to the Oakdale state hospital for 17 4 sexually violent predators who bites another person, who 17 5 causes an exchange of bodily fluids with another person, or 17 6 who causes any bodily secretion to be cast upon another 17 7 person, shall submit to the withdrawal of a bodily specimen 17 8 for testing to determine if the person is infected with a 17 9 contagious infectious disease. The bodily specimen to be 17 10 taken shall be determined by a staff physician at the 17 11 hospital. The specimen taken shall be sent to the state 17 12 hygienic laboratory at the state university at Iowa City or 17 13 some other laboratory approved by the Iowa department of 17 14 public health. If a patient to be tested pursuant to this 17 15 section refuses to submit to the withdrawal of a bodily 17 16 specimen, application may be made by the superintendent of the 17 17 hospital to the district court for an order compelling the 17 18 patient to submit to the withdrawal and, if infected, to 17 19 available treatment. An order authorizing the withdrawal of a 17 20 specimen for testing may be issued only by a district judge or 17 21 district associate judge upon application by the 17 22 superintendent of the hospital. 17 23 Personnel at the hospital shall be notified if a patient 17 24 committed to the hospital is found to have a contagious 17 25 infectious disease. 17 26 For purposes of this section, "infectious disease" means 17 27 any infectious condition which if spread by contamination 17 28 would place others at a serious health risk. 17 29 Sec. 41. NEW SECTION. 226A.21 HUMAN IMMUNODEFICIENCY 17 30 VIRUS-RELATED MATTERS – EXEMPTION. 17 31 The provisions of chapter 141 relating to knowledge and 17 32 consent do not apply to patients committed to the custody of 17 33 the hospital. The hospital may provide for medically 17 34 acceptable procedures to inform employees, visitors, and 17 35 patients committed to the hospital of possible infection with 18 1 the human immunodeficiency and to protect them from possible 18 2 infection with the virus. 18 3 Sec. 42. NEW SECTION. 226A.22 PETITIONS FOR RELEASE OF 18 4 PATIENTS FROM CONFINEMENT. 18 5 Upon determination that a patient no longer meets the 18 6 criteria for commitment to the hospital, the superintendent 18 7 shall notify the director of human services, who shall 18 8 petition the court pursuant to section 229A.9 for release of 18 9 the patient. The petition shall be mailed by ordinary mail to 18 10 the court from which the patient was committed. The court 18 11 shall determine proper persons or parties to receive notice of 18 12 the petition and shall provide such notice to those persons or 18 13 parties. In the event that the superintendent believes that a 18 14 patient no longer meets the criteria of chapter 229A to be 18 15 considered a sexually violent predator but may be seriously 18 16 mentally impaired as defined in section 229.1, the 18 17 superintendent may apply to the district court to initiate 18 18 proceedings under chapter 229 at the time that the petition 18 19 for release is filed. 18 20 Sec. 43. NEW SECTION. 226A.23 MINORS. 18 21 If a minor is determined to be a sexually violent predator 18 22 pursuant to chapter 229A, the minor shall be kept separated by 18 23 both sight and sound from any adults who may be committed at 18 24 the same hospital. 18 25 Sec. 44. NEW SECTION. 226A.24 NOTIFICATION UPON RELEASE 18 26 OF PATIENT. 18 27 The department of human services shall provide notification 18 28 of the release of a sexually violent predator according to the 18 29 procedures set out in section 910A.9B. 18 30 Sec. 45. NEW SECTION. 226A.25 SUPERVISION OF RELEASED 18 31 PATIENTS. 18 32 Upon receipt of an order that a committed patient shall be 18 33 released from the hospital with supervision, the 18 34 superintendent or the superintendent's designee shall assist 18 35 the department in preparing a plan addressing the patient's 19 1 needs, as required in section 229A.10. 19 2 Sec. 46. NEW SECTION. 226A.26 RULEMAKING. 19 3 The department shall adopt rules necessary to implement 19 4 this chapter and, in cooperation with the Iowa department of 19 5 corrections, shall adopt rules necessary to carry out the 19 6 requirements of chapter 229A. 19 7 Sec. 47. Section 910A.6, Code 1997, is amended by adding 19 8 the following new subsection: 19 9 NEW SUBSECTION. 9. The date on which a sexually violent 19 10 predator, committed by the district court pursuant to chapter 19 11 229A, is released from confinement at the hospital for 19 12 sexually violent predators. 19 13 Sec. 48. NEW SECTION. 910A.9B NOTIFICATION OF RELEASE – 19 14 SEXUALLY VIOLENT PREDATORS. 19 15 When a patient is scheduled to be released from the Oakdale 19 16 state hospital for sexually violent predators, the department 19 17 of human services shall notify a victim registered with the 19 18 department regarding a sexually violent predator committed to 19 19 the custody of the department of human services and placed at 19 20 the Oakdale state hospital for sexually violent predators as 19 21 follows: 19 22 1. Not less than five days prior to the date a sexually 19 23 violent predator is scheduled to be released, the department 19 24 shall notify the victim or the members of the victim's family 19 25 who are registered that release is scheduled and shall also 19 26 notify the attorney general or county attorney, as identified 19 27 in section 229A.4, who filed the petition. 19 28 2. Notification shall include the date the patient is 19 29 expected to be released from the hospital and the address at 19 30 which it is believed the patient will be living subsequent to 19 31 release. 19 32 3. Notice to each victim or members of the victim's family 19 33 shall be made by certified mail to the last known address of 19 34 the victim or victim's family. 19 35 Sec. 49. SEVERABILITY, APPLICABILITY, AND EFFECTIVE DATE. 20 1 1. If any provision of this Act or the application thereof 20 2 to any person is invalid, the invalidity shall not affect the 20 3 provisions or application of this Act which can be given 20 4 effect without the invalid provisions or application, and to 20 5 this end the provisions of this Act are severable. 20 6 2. This Act applies to all persons currently in the 20 7 custody of the Iowa department of corrections for a conviction 20 8 for a sexually violent offense as defined in section 229A.3, 20 9 as well as to all persons who commit sexually violent offenses 20 10 in the future. 20 11 3. This Act takes effect January 1, 1999. 20 12 EXPLANATION 20 13 This bill provides a procedure for the civil commitment of 20 14 persons who are found to be sexually violent predators. Under 20 15 the bill, a sexually violent predator is defined as a person 20 16 who has committed a sexually violent offense and who suffers 20 17 from a mental abnormality. The attorney general or a county 20 18 attorney may petition to commence commitment proceedings 20 19 against persons who have either been convicted or adjudicated 20 20 delinquent of a sexually violent offense and persons who have 20 21 been acquitted of a sexually violent offense by reason of 20 22 insanity or found incompetent to stand trial for such an 20 23 offense. 20 24 If a county attorney files the petition, the costs of 20 25 prosecution are to be paid by the county. If the petition is 20 26 filed by the attorney general, the costs of prosecution are to 20 27 be paid by the state. All other costs are to be paid by the 20 28 state. 20 29 The petition must be supported by an affidavit of a mental 20 30 health professional. Within 72 hours of the filing of a 20 31 petition, a probable cause hearing must be conducted in the 20 32 presence of the person who is alleged to be a sexually violent 20 33 predator. If the court finds that there is probable cause to 20 34 believe that the person is a sexually violent predator, the 20 35 court must direct that an evaluation of the person be 21 1 conducted. At the hearing the person has the right to counsel 21 2 and to evaluation by experts of the person's own choosing. If 21 3 the person is indigent, the court is to assist the person in 21 4 obtaining independent experts at state expense. 21 5 Within 45 days of the filing of the petition, a trial must 21 6 be held on the question of whether the person is to be 21 7 committed as a sexually violent predator. At the trial, the 21 8 person again has the right to counsel and to retain and be 21 9 evaluated by experts of the person's own choosing. If the 21 10 person is indigent, the court is to assist the person in 21 11 obtaining an independent expert or professional to perform an 21 12 evaluation or participate in the trial. Any independent 21 13 professional who is conducting an evaluation of the person is 21 14 to have access to all relevant medical and psychological 21 15 records and reports. At the trial, the court must determine 21 16 whether there is evidence to prove beyond a reasonable doubt 21 17 that the person is a sexually violent predator. If the court 21 18 determines that there is sufficient evidence, the court must 21 19 order the person placed in the Oakdale state hospital for 21 20 sexually violent predators which is established under the bill 21 21 for control, care, and treatment until the person's mental 21 22 abnormality has improved to the extent that it is safe to 21 23 release the person. 21 24 A person committed as a sexually violent predator is to be 21 25 evaluated on an annual basis to determine the person's mental 21 26 condition. After one year of commitment, the person may 21 27 request that mental examinations be performed more frequently 21 28 than annually. If the director of human services determines 21 29 that a committed person's mental condition has so improved 21 30 that the person no longer is likely to engage in predatory 21 31 acts of sexual violence, the director is required to petition 21 32 for the person's release. Once such a petition is filed, the 21 33 burden shifts to the attorney general to prove beyond a 21 34 reasonable doubt that the person should not be released. The 21 35 committed person may also petition the court for release at 22 1 any time. The director of human services must also annually 22 2 notify the committed person of the person's right to petition 22 3 for release. If the committed person has not affirmatively 22 4 waived the right to petition for release, the court is 22 5 required to set a show cause hearing to determine whether the 22 6 person can be released. As was the case at trial, the 22 7 committed person has a right to counsel at any release 22 8 hearings and has a right to an independent professional 22 9 evaluation. 22 10 If the court finds that the state has not proved beyond a 22 11 reasonable doubt that the committed person's condition has not 22 12 changed and that the person is not safe to be released, the 22 13 court is required to authorize the release of the person. 22 14 Release may be with or without supervision. The 22 15 superintendent of the Oakdale state hospital for sexually 22 16 violent predators is to assist in preparing a plan to address 22 17 the person's needs, if the person is to be released from the 22 18 hospital with supervision. 22 19 Although a person may petition for release at any time, if 22 20 the court has determined that a petition was frivolous or that 22 21 a petitioner's condition has not changed sufficiently to 22 22 warrant release, the court must deny any petitions which are 22 23 filed within one year of the previous determination unless new 22 24 facts are alleged which could support a contrary finding. 22 25 The bill also establishes a new facility in Oakdale, Iowa, 22 26 the Oakdale state hospital for sexually violent predators, 22 27 under the direction of the department of human services. The 22 28 hospital is to be designed, maintained, and administered 22 29 specifically for the care, observation, and treatment of 22 30 persons who are determined to be sexually violent predators. 22 31 The administrator of the division of mental health and 22 32 developmental disabilities of the department of human services 22 33 is to appoint a superintendent of the hospital, who, in turn 22 34 and subject to the approval of the administrator, is 22 35 responsible for the hiring of the officers and employees and 23 1 general administration of the hospital. If the superintendent 23 2 is a physician, the superintendent is also to serve as the 23 3 clinical director of the hospital. If the superintendent is a 23 4 hospital administrator, the hospital administrator is also to 23 5 serve as the business manager of the hospital. The department 23 6 and the superintendent, subject to the approval of the 23 7 administrator of the division of mental health and 23 8 developmental disabilities, also have the power to contract to 23 9 fulfill the duties of the superintendent. 23 10 A fund is established at the Oakdale state hospital for 23 11 sexually violent predators for the deposit of the personal 23 12 funds of any patients in the hospital. The fund is to be 23 13 maintained in a commercial account of a bank of reputable 23 14 standing. If the patient is not receiving Medicaid, and the 23 15 amount in the account of any patient exceeds $200, moneys in 23 16 the fund may be applied toward any restitution owed by the 23 17 patient or to reimburse the state for the liability incurred 23 18 in the care, treatment, support, and maintenance of the 23 19 patient. 23 20 In the case of an unauthorized departure of any patient, 23 21 the superintendent is required to exercise due diligence to 23 22 retake and return the patient to the hospital. A notification 23 23 by the superintendent of an unauthorized departure by a 23 24 patient to a peace officer, correctional officer, or any 23 25 officer or employee of the department of corrections, or any 23 26 private person is sufficient authority for the officer, 23 27 employee, or person to take and return the person to the 23 28 hospital. Any expenses involved in the retaking are to be 23 29 paid from the state general fund. 23 30 In the event of a sudden or unexpected death of a patient 23 31 at the Oakdale state hospital for sexually violent predators, 23 32 or if a patient's relatives so request, an investigation into 23 33 the death will be conducted by the county medical examiner. 23 34 The costs of the examination, unless it has been requested by 23 35 the relatives, will be paid by the state. If the relatives 24 1 request the investigation, the relatives must pay the costs in 24 2 advance. Whenever any patient of the hospital dies, the 24 3 hospital must give notice within three days to the patient's 24 4 nearest relative, the clerk of court and the sheriff in the 24 5 county in which the person was committed, and the prosecutor 24 6 in the sexual violent predator civil commitment proceedings. 24 7 If the prosecutor was a county attorney, a notice is also to 24 8 be sent to the attorney general. 24 9 Regulations, procedures, and policies governing the 24 10 internal administration which may jeopardize the secure 24 11 operation of the hospital are confidential records for 24 12 purposes of the administrative procedures Act, Code chapter 24 13 17A, and Iowa's public records law, Code chapter 22. 24 14 A patient at Oakdale state hospital for sexually violent 24 15 predators who bites another person, causes the exchange of 24 16 bodily fluids with another person, or causes a bodily 24 17 secretion to be cast upon another person is required to submit 24 18 to the withdrawal of a bodily specimen to determine if the 24 19 person is infected with a contagious infectious disease. If 24 20 the patient refuses to submit, application may be made to the 24 21 court to compel submission and compliance with any available 24 22 treatment. Personnel at the hospital are to be notified if a 24 23 patient is found to have a contagious infectious disease. The 24 24 provisions in the chapter pertaining to acquired immune 24 25 deficiency syndrome which relate to knowledge and consent do 24 26 not apply to patients committed at the Oakdale state hospital 24 27 for sexually violent predators and the hospital may provide 24 28 medically acceptable procedures for notifying and protecting 24 29 employees, visitors, and other patients from possible 24 30 infection. 24 31 The department of human services is to provide notification 24 32 of the release of a sexually violent predator from the Oakdale 24 33 state hospital for sexually violent predators in the same 24 34 manner as notification is provided of the release of other 24 35 inmates of department institutions and institutions under the 25 1 control of the department of corrections. 25 2 The bill takes effect January 1, 1999, and applies to all 25 3 persons currently in custody of the department of corrections 25 4 for a sexually violent offense and to all persons who commit 25 5 sexually violent offenses in the future. 25 6 LSB 3234DP 77 25 7 lh/jl/8.1
Text: SSB02113 Text: SSB02115 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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