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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 a facility for 5 18 sexually violent predators for control, care, and treatment 5 19 until such time as the person's mental abnormality has so 5 20 improved that the person is not likely to engage in predatory 5 21 acts by commission of sexually violent offenses. If the court 5 22 does not find beyond a reasonable doubt that the person is a 5 23 sexually violent predator, the court shall order the person to 5 24 be released in accordance with the terms of the person's 5 25 sentence, if any. The costs of any placement at a facility 5 26 for sexually violent predators shall be paid by the state. 5 27 3. If a minor is determined to be a sexually violent 5 28 predator pursuant to chapter 229A, the district court shall 5 29 retain exclusive jurisdiction over proceedings related to the 5 30 minor, including jurisdiction over any proceedings to 5 31 determine whether the minor is seriously mentally impaired 5 32 pursuant to chapter 229. 5 33 Sec. 8. NEW SECTION. 229A.8 ANNUAL EVALUATIONS – 5 34 REPORT. 5 35 A person committed under this chapter is entitled to have 6 1 an evaluation of the person's mental condition conducted at 6 2 least once annually. After the first anniversary of the 6 3 person's commitment the person may request that the court 6 4 order a mental evaluation be conducted more frequently than 6 5 annually. Upon the filing of the request, the court shall 6 6 determine whether probable cause exists to warrant an 6 7 additional mental evaluation. 6 8 The person may retain or, if the person is indigent and so 6 9 requests, the court may appoint a qualified expert or a 6 10 professional person to evaluate the person at state expense, 6 11 and the expert or professional person shall have access to all 6 12 records concerning the person. An annual report containing 6 13 copies of the annual and any independent evaluation shall be 6 14 provided to the court that committed the person upon 6 15 completion of the evaluations. 6 16 Sec. 9. NEW SECTION. 229A.9 PETITION FOR RELEASE – 6 17 PROCEDURES. 6 18 1. If the director of human services determines that the 6 19 mental abnormality of a person committed under this chapter 6 20 has so improved that the person is not likely to engage in 6 21 predatory acts by commission of sexually violent offenses if 6 22 released, the director shall petition the court for the 6 23 person's release. The court, upon receipt of the petition for 6 24 release, shall order a hearing on the petition to be held not 6 25 later than forty-five days after the date of the filing of the 6 26 petition. The attorney general shall represent the state and 6 27 shall have the right to have the person evaluated by an expert 6 28 or professional person of the attorney general's choice. The 6 29 burden of proof shall be upon the state to prove beyond a 6 30 reasonable doubt that the person's mental abnormality remains 6 31 such that the person, if released, is likely to engage in 6 32 predatory acts by commission of sexually violent offenses. 6 33 2. A committed person may at any time petition the court 6 34 for release. The director of human services shall provide the 6 35 committed person with an annual written notice of the person's 7 1 right to petition the court for release. The notice shall 7 2 contain a waiver of the right to petition for release. The 7 3 director shall forward the notice and waiver form to the court 7 4 with the annual report. If the person does not affirmatively 7 5 waive the right to petition, the court shall schedule a show 7 6 cause hearing to determine whether facts exist that warrant a 7 7 hearing on whether the person's condition has so changed that 7 8 the person is not likely to engage in predatory acts by 7 9 commission of sexually violent offenses. The committed person 7 10 shall have the right to have an attorney represent the person 7 11 at the show cause hearing but the person is not entitled to be 7 12 present at the show cause hearing. If the court at the show 7 13 cause hearing determines that probable cause exists to believe 7 14 that the person's mental abnormality has so improved that the 7 15 person is not likely to engage in predatory acts by commission 7 16 of sexually violent offenses if released, the court shall set 7 17 a hearing on the issue. At the hearing, the committed person 7 18 is entitled to be present and entitled to the benefit of all 7 19 constitutional protections that were afforded the person at 7 20 the initial commitment proceeding. The attorney general shall 7 21 represent the state and shall have the right to have the 7 22 committed person evaluated by experts or professional persons 7 23 chosen by the attorney general. The committed person shall 7 24 also have the right to have experts evaluate the person on the 7 25 person's behalf at state expense and the court shall appoint 7 26 an expert or professional person if the person is indigent and 7 27 requests such an appointment. The burden of proof at the 7 28 hearing shall be upon the state to prove beyond a reasonable 7 29 doubt that the committed person's mental abnormality remains 7 30 such that the person is likely to engage in predatory acts by 7 31 commission of sexually violent offenses. 7 32 Sec. 10. NEW SECTION. 229A.10 RELEASE OF COMMITTED 7 33 PERSON. 7 34 Upon a finding that the state has failed to meet its burden 7 35 of proof under section 229A.9, the court shall authorize the 8 1 release of the committed person from the facility for sexually 8 2 violent predators. Release may be ordered with or without 8 3 supervision. If supervised release is ordered, the department 8 4 of human services shall prepare a plan addressing the person's 8 5 needs for counseling, medication, community support services, 8 6 residential services, vocational services, alcohol and other 8 7 drug abuse treatment, and any other treatment or supervision 8 8 necessary. 8 9 Sec. 11. NEW SECTION. 229A.11 SUBSEQUENT PETITIONS. 8 10 If a person files a petition for release and has previously 8 11 filed a petition for release within one year of the filing of 8 12 the new petition, and the court has determined either upon 8 13 review of the previous petition or following a hearing on the 8 14 previous petition that the petitioner's petition was frivolous 8 15 or that the petitioner's condition had not so changed that the 8 16 person is not likely to engage in predatory acts by the 8 17 commission of sexually violent offenses, the court shall deny 8 18 the subsequent petition without a hearing unless the petition 8 19 contains facts upon which a court could find the condition of 8 20 the petitioner has changed so that a hearing is warranted. 8 21 Upon receipt of a first or subsequent petition from a 8 22 committed person, the court shall, whenever possible, review 8 23 the petition and determine if the petition is based upon 8 24 frivolous grounds, and if the court so determines, the court 8 25 shall deny the petition without a hearing. 8 26 DIVISION II 8 27 Sec. 12. Section 22.7, subsection 15, Code Supplement 8 28 1997, is amended to read as follows: 8 29 15. Information concerning the procedures to be used to 8 30 control disturbances at adult correctional institutions and at 8 31 the Oakdale state hospital for sexually violent predators. 8 32 Such information shall also be exempt from public inspection 8 33 under section 17A.3. As used in this subsection disturbance 8 34 means a riot or a condition that can reasonably be expected to 8 35 cause a riot. 9 1 Sec. 13. Section 217.1, Code 1997, is amended to read as 9 2 follows: 9 3 217.1 PROGRAMS OF DEPARTMENT. 9 4 There is established a department of human services to 9 5 administer programs designed to improve the well-being and 9 6 productivity of the people of the state of Iowa. The 9 7 department shall concern itself with the problems of human 9 8 behavior, adjustment, and daily living through the 9 9 administration of programs of family, child, and adult 9 10 welfare, economic assistance including costs of medical care, 9 11 rehabilitation toward self-care and support, delinquency 9 12 prevention and control, treatment and rehabilitation of 9 13 juvenile offenders and sexually violent predators, care and 9 14 treatment of persons with mental illness or mental 9 15 retardation, and other related programs as provided by law. 9 16 Sec. 14. Section 217.30, subsection 4, paragraph b, Code 9 17 Supplement 1997, is amended to read as follows: 9 18 b. Confidential information described in subsection 1, 9 19 paragraphs "a,", "b", and "c", shall be disclosed to public 9 20 officials, for use in connection with their official duties 9 21 relating to law enforcement, audits and other purposes 9 22directly connected with the administration of such programs9 23 unless specifically prohibited by federal law, upon written 9 24 application to and with approval of the director or the 9 25 director's designee. 9 26 Sec. 15. Section 217.30, Code Supplement 1997, is amended 9 27 by adding the following new subsection: 9 28 NEW SUBSECTION. 9. This section shall not apply to 9 29 exchanges of confidential information described in section 1 9 30 which are necessary for the department to properly administer 9 31 programs for sexually violent predators under chapters 226A 9 32 and 229A. 9 33 Sec. 16. Section 218.1, Code 1997, is amended by adding 9 34 the following new subsection: 9 35 NEW SUBSECTION. 8A. Oakdale state hospital for sexually 10 1 violent predators, Oakdale, Iowa. 10 2 Sec. 17. Section 218.3, subsection 2, Code 1997, is 10 3 amended to read as follows: 10 4 2. The administrator of the division of mental health and 10 5 developmental disabilities of the department of human services 10 6 has primary authority and responsibility relative to the 10 7 following institutions: Glenwood state hospital-school, 10 8 Woodward state hospital-school, mental health institute, 10 9 Cherokee, Iowa, mental health institute, Clarinda, Iowa, 10 10 mental health institute, Independence, Iowa,andmental health 10 11 institute, Mount Pleasant, Iowa, and Oakdale state hospital 10 12 for sexually violent predators. 10 13 Sec. 18. Section 218.9, unnumbered paragraph 1, Code 1997, 10 14 is amended to read as follows: 10 15 The administrator of the division of mental health and 10 16 developmental disabilities of the department of human 10 17 services, subject to the approval of the director of the 10 18 department, shall appoint the superintendents of the state 10 19 hospital-schools,andthe state mental health institutes, and 10 20 the Oakdale state hospital for sexually violent predators. 10 21 Sec. 19. Section 218.92, Code 1997, is amended to read as 10 22 follows: 10 23 218.92 DANGEROUS MENTALLY DISTURBED PATIENTS. 10 24 When a patient in a state hospital-school for persons with 10 25 mental retardation, a mental health institute, the Oakdale 10 26 state hospital for sexually violent predators, or an 10 27 institution under the administration of the administrator of 10 28 the division of mental health and developmental disabilities 10 29 of the department of human services, has become so mentally 10 30 disturbed as to constitute a danger to self, to other patients 10 31 in the institution, or to the public, and the institution 10 32 cannot provide adequate security, the administrator, with the 10 33 consent of the director of the Iowa department of corrections, 10 34 may order the patient to be transferred to the Iowa medical 10 35 and classification center, if the executive head of the 11 1 institution from which the patient is to be transferred, with 11 2 the support of a majority of the medical staff, recommends the 11 3 transfer in the interest of the patient, other patients, or 11 4 the public. If the patient transferred was hospitalized 11 5 pursuant to sections 229.6tothrough 229.15, the transfer 11 6 shall be promptly reported to the court which hospitalized the 11 7 patient, as required by section 229.15, subsection 4. If the 11 8 patient transferred was hospitalized pursuant to sections 11 9 229A.4 through 229A.7, the transfer shall be promptly reported 11 10 to the court which hospitalized the patient. The Iowa medical 11 11 and classification center has the same rights, duties, and 11 12 responsibilities with respect to the patient as the 11 13 institution from which the patient was transferred had while 11 14 the patient was hospitalized there. The cost of the transfer 11 15 shall be paid from the funds of the institution from which the 11 16 transfer is made. 11 17 Sec. 20. Section 228.2, subsection 1, Code 1997, is 11 18 amended to read as follows: 11 19 1. Except as specifically authorized in section 228.3, 11 20 228.5, 228.6, 228.7, or 228.8, a mental health professional, 11 21 data collector, or employee or agent of a mental health 11 22 professional, of a data collector, or of or for a mental 11 23 health facility shall not disclose or permit the disclosure of 11 24 mental health information. However, mental health information 11 25 may be disclosed by or exchanged with any mental health 11 26 facility, mental health professional, or personnel of the 11 27 department of corrections to the extent necessary to conduct 11 28 examinations, perform evaluations, or undertake any other 11 29 obligation to determine whether a person is a sexually violent 11 30 predator or to determine whether a person should be committed 11 31 as a sexually violent predator, should continue to be held at 11 32 the Oakdale state hospital for sexually violent predators, or 11 33 should be or continue to be supervised as a sexually violent 11 34 predator pursuant to chapter 229A. 11 35 DIVISION III 12 1 Sec. 21. NEW SECTION. 226A.1 DEFINITIONS. 12 2 1. "Administrator" means the administrator of the division 12 3 of mental health and developmental disabilities of the 12 4 department of human services. 12 5 2. "Department" means the department of human services. 12 6 3. "Sexually violent predator" means a sexually violent 12 7 predator under section 229A.3. 12 8 Sec. 22. NEW SECTION. 226A.2 ESTABLISHMENT OF HOSPITAL. 12 9 A state hospital is established which shall be designed, 12 10 maintained, and administered for the care, observation, and 12 11 treatment of those persons who are determined to be sexually 12 12 violent predators pursuant to chapter 229A. 12 13 The department of human services shall have full power to 12 14 manage, control, and govern the hospital the same as other 12 15 institutions under its control. The administrator shall be 12 16 responsible for the administration and control of the 12 17 hospital. 12 18 Sec. 23. NEW SECTION. 226A.3 NAME – LOCATION. 12 19 The state hospital for sexually violent predators shall be 12 20 known as Oakdale state hospital for sexually violent predators 12 21 and shall be located at the Iowa medical and classification 12 22 center at Oakdale, Iowa. 12 23 Sec. 24. NEW SECTION. 226A.4 QUALIFICATIONS OF 12 24 SUPERINTENDENT. 12 25 The superintendent of the hospital shall be qualified by 12 26 experience and training in the administration of human service 12 27 programs. A hospital administrator or other person qualified 12 28 in business management appointed superintendent may also be 12 29 designated to perform the duties of a business manager without 12 30 additional compensation. A physician appointed as 12 31 superintendent shall be designated clinical director and shall 12 32 perform the duties imposed on the superintendent by section 12 33 226A.9, subsections 1 and 2, and such other duties of the 12 34 superintendent as must by their nature be performed by a 12 35 physician. 13 1 Sec. 25. NEW SECTION. 226A.5 HIRING OF EMPLOYEES. 13 2 The superintendent is authorized to hire such additional 13 3 officers and employees of the hospital, subject to the 13 4 approval of the administrator, as the superintendent 13 5 determines are necessary to assist in the duties of the 13 6 superintendent. 13 7 Sec. 26. NEW SECTION. 226A.6 POWER TO CONTRACT. 13 8 The department and the superintendent, subject to the 13 9 approval of the administrator, may contract with public or 13 10 private agencies to fulfill the duties of the superintendent. 13 11 Sec. 27. NEW SECTION. 226A.7 SALARY OF SUPERINTENDENT. 13 12 The salary of the superintendent of the hospital shall be 13 13 determined by the administrator. 13 14 Sec. 28. NEW SECTION. 226A.8 SUPERINTENDENT AS WITNESS. 13 15 The superintendent, or the superintendent's designee, when 13 16 called as a witness in any court or for any hearing, shall be 13 17 paid the same mileage which other witnesses are paid and, in 13 18 addition thereto, shall be paid a fee of twenty-five dollars 13 19 per day, which shall to revert to the support fund of the 13 20 hospital. 13 21 Sec. 29. NEW SECTION. 226A.9 DUTIES OF SUPERINTENDENT. 13 22 The superintendent shall do all of the following: 13 23 1. Have the immediate custody and control, subject to the 13 24 orders and policies of the administrator, of all patients 13 25 committed to the hospital. The superintendent, or the 13 26 superintendent's designee, shall have the authority to 13 27 determine all appropriate care and treatment plans for each 13 28 patient, including whether visitation within or outside the 13 29 hospital will be allowed. 13 30 2. Secure the professional care and treatment of each 13 31 patient confined at the hospital and maintain a complete 13 32 record of the condition of each patient confined at the 13 33 hospital. 13 34 3. Require all subordinate officers and employees to 13 35 perform their respective duties. 14 1 4. Have an official seal which includes the name of the 14 2 hospital and the word "Iowa" and affix the seal to all notices 14 3 and papers required to be issued by the superintendent. 14 4 5. Keep proper books for the hospital. 14 5 Sec. 30. NEW SECTION. 226A.10 RECEIVING PATIENTS. 14 6 Patients shall be received by the hospital in accordance 14 7 with the provisions of section 229A.7, subsection 2. 14 8 Sec. 31. NEW SECTION. 226A.11 IMMUNITY. 14 9 The department, officers and employees of the department, 14 10 administrator, superintendent, and officers and employees of 14 11 the hospital shall be immune from liability, both civil and 14 12 criminal, for any and all acts or omissions regarding the 14 13 treatment, care, custody, or restraint of a person alleged or 14 14 determined to be a sexually violent predator. 14 15 Sec. 32. NEW SECTION. 226A.12 MONTHLY REPORTS. 14 16 The administrator shall assure that the superintendent of 14 17 the hospital provides monthly reports concerning the 14 18 programmatic, environmental, and fiscal condition of the 14 19 hospital. 14 20 Sec. 33. NEW SECTION. 226A.13 PATIENTS' PERSONAL DEPOSIT 14 21 FUND CREATED. 14 22 1. A patients' personal deposit fund is established at the 14 23 hospital. 14 24 2. Any funds, including social security benefits, coming 14 25 into the possession of the superintendent or any employee of 14 26 the hospital belonging to any patient in the hospital, shall 14 27 be deposited in the name of that patient in the patients' 14 28 personal deposit fund. 14 29 3. The business manager shall deposit the patients' 14 30 personal deposit fund in a commercial savings account of a 14 31 bank of reputable standing. When deposits in the commercial 14 32 account exceed average monthly withdrawals, the business 14 33 manager may deposit the excess at interest. The savings 14 34 account shall be in the name of the patients' personal deposit 14 35 fund. 15 1 Sec. 34. NEW SECTION. 226A.14 RESTITUTION AND 15 2 REIMBURSEMENT TO THE STATE. 15 3 If a patient in the hospital is not receiving medical 15 4 assistance under chapter 249A and the amount in the account of 15 5 any patient in the patients' personal deposit fund exceeds two 15 6 hundred dollars, the business manager of the hospital may 15 7 apply any amount in excess of two hundred dollars toward 15 8 restitution owed by the patient pursuant to chapter 910 or to 15 9 reimburse the state for the liability incurred by the state 15 10 for the payment of care, treatment, support, and maintenance 15 11 of the patient. 15 12 Sec. 35. NEW SECTION. 226A.15 COSTS. 15 13 The costs and expenses of care, treatment, support, and 15 14 maintenance of the sexually violent predator shall be paid by 15 15 the state. 15 16 Sec. 36. NEW SECTION. 226A.16 UNAUTHORIZED DEPARTURE AND 15 17 RETAKING. 15 18 1. The superintendent and all other officers and employees 15 19 of the hospital, in case of the unauthorized departure of any 15 20 patient, shall exercise all due diligence to take the patient 15 21 into protective custody and return the patient to the 15 22 hospital. 15 23 2. A notification by the superintendent of an unauthorized 15 24 departure to any peace officer or correctional officer of the 15 25 state, to any officer or employee of the department of 15 26 corrections, or to any private person shall be sufficient 15 27 authority to such officer or person to take and return the 15 28 patient to the hospital. 15 29 Sec. 37. NEW SECTION. 226A.17 PAYMENT OF EXPENSES 15 30 ATTENDING RETAKING. 15 31 All actual and necessary expenses incurred in the taking 15 32 into protective custody, restraint, and return to the hospital 15 33 of a patient shall be paid on itemized vouchers, sworn to by 15 34 the claimants and approved by the business manager and the 15 35 administrator, from any moneys in the state treasury not 16 1 otherwise appropriated. 16 2 Sec. 38. NEW SECTION. 226A.18 INVESTIGATION OF DEATH – 16 3 NOTICE. 16 4 1. The county medical examiner shall investigate cases 16 5 where the death of a patient at the hospital occurs suddenly 16 6 and without apparent cause or if a patient dies and the 16 7 patient's relatives request an investigation. 16 8 2. The fees and expenses of the investigation, including 16 9 fees and expenses of an autopsy, shall be paid by the state, 16 10 unless the investigation and autopsy are requested by the 16 11 patient's relatives. Relatives of a deceased patient who 16 12 request an investigation and autopsy shall be liable for the 16 13 costs and payment may be required in advance. 16 14 3. When a patient in the hospital dies from any cause, the 16 15 superintendent of the hospital shall, within three days after 16 16 the date of death, send by certified mail a written notice of 16 17 death to all of the following persons: 16 18 a. The decedent's nearest relative. 16 19 b. The clerk of the district court of the county from 16 20 which the patient was committed. 16 21 c. The sheriff of the county from which the patient was 16 22 committed. 16 23 d. The prosecutor, or the prosecutor's successor, in the 16 24 proceedings to determine the patient was a sexually violent 16 25 predator. If the prosecutor was a county attorney, notice 16 26 shall also be sent to the attorney general. 16 27 Sec. 39. NEW SECTION. 226A.19 DISTURBANCE CONTROL – 16 28 CONFIDENTIALITY. 16 29 Regulations, procedures, and policies that govern the 16 30 internal administration of the Oakdale state hospital for 16 31 sexually violent predators, which, if released may jeopardize 16 32 the secure operation of the hospital, are confidential records 16 33 under section 22.7 and are not subject to public inspection 16 34 under section 17A.3 or section 22.2, unless otherwise ordered 16 35 by a court. 17 1 Sec. 40. NEW SECTION. 226A.20 REQUIRED TEST. 17 2 A patient committed to the Oakdale state hospital for 17 3 sexually violent predators who bites another person, who 17 4 causes an exchange of bodily fluids with another person, or 17 5 who causes any bodily secretion to be cast upon another 17 6 person, shall submit to the withdrawal of a bodily specimen 17 7 for testing to determine if the person is infected with a 17 8 contagious infectious disease. The bodily specimen to be 17 9 taken shall be determined by a staff physician at the 17 10 hospital. The specimen taken shall be sent to the state 17 11 hygienic laboratory at the state university at Iowa City or 17 12 some other laboratory approved by the Iowa department of 17 13 public health. If a patient to be tested pursuant to this 17 14 section refuses to submit to the withdrawal of a bodily 17 15 specimen, application may be made by the superintendent of the 17 16 hospital to the district court for an order compelling the 17 17 patient to submit to the withdrawal and, if infected, to 17 18 available treatment. An order authorizing the withdrawal of a 17 19 specimen for testing may be issued only by a district judge or 17 20 district associate judge upon application by the 17 21 superintendent of the hospital. 17 22 Personnel at the hospital shall be notified if a patient 17 23 committed to the hospital is found to have a contagious 17 24 infectious disease. 17 25 For purposes of this section, "infectious disease" means 17 26 any infectious condition which if spread by contamination 17 27 would place others at a serious health risk. 17 28 Sec. 41. NEW SECTION. 226A.21 HUMAN IMMUNODEFICIENCY 17 29 VIRUS-RELATED MATTERS – EXEMPTION. 17 30 The provisions of chapter 141 relating to knowledge and 17 31 consent do not apply to patients committed to the custody of 17 32 the hospital. The hospital may provide for medically 17 33 acceptable procedures to inform employees, visitors, and 17 34 patients committed to the hospital of possible infection with 17 35 the human immunodeficiency and to protect them from possible 18 1 infection with the virus. 18 2 Sec. 42. NEW SECTION. 226A.22 PETITIONS FOR RELEASE OF 18 3 PATIENTS FROM CONFINEMENT. 18 4 Upon determination that a patient no longer meets the 18 5 criteria for commitment to the hospital, the superintendent 18 6 shall notify the director of human services, who shall 18 7 petition the court pursuant to section 229A.9 for release of 18 8 the patient. The petition shall be mailed by ordinary mail to 18 9 the court from which the patient was committed. The court 18 10 shall determine proper persons or parties to receive notice of 18 11 the petition and shall provide such notice to those persons or 18 12 parties. In the event that the superintendent believes that a 18 13 patient no longer meets the criteria of chapter 229A to be 18 14 considered a sexually violent predator but may be seriously 18 15 mentally impaired as defined in section 229.1, the 18 16 superintendent may apply to the district court to initiate 18 17 proceedings under chapter 229 at the time that the petition 18 18 for release is filed. 18 19 Sec. 43. NEW SECTION. 226A.23 MINORS. 18 20 If a minor is determined to be a sexually violent predator 18 21 pursuant to chapter 229A, the minor shall be kept separated by 18 22 both sight and sound from any adults who may be committed at 18 23 the same hospital. 18 24 Sec. 44. NEW SECTION. 226A.24 NOTIFICATION UPON RELEASE 18 25 OF PATIENT. 18 26 The department of human services shall provide notification 18 27 of the release of a sexually violent predator according to the 18 28 procedures set out in section 910A.9B. 18 29 Sec. 45. NEW SECTION. 226A.25 SUPERVISION OF RELEASED 18 30 PATIENTS. 18 31 Upon receipt of an order that a committed patient shall be 18 32 released from the hospital with supervision, the 18 33 superintendent or the superintendent's designee shall assist 18 34 the department in preparing a plan addressing the patient's 18 35 needs, as required in section 229A.10. 19 1 Sec. 46. NEW SECTION. 226A.26 RULEMAKING. 19 2 The department shall adopt rules necessary to implement 19 3 this chapter and, in cooperation with the Iowa department of 19 4 corrections, shall adopt rules necessary to carry out the 19 5 requirements of chapter 229A. 19 6 Sec. 47. Section 910A.6, Code 1997, is amended by adding 19 7 the following new subsection: 19 8 NEW SUBSECTION. 9. The date on which a sexually violent 19 9 predator, committed by the district court pursuant to chapter 19 10 229A, is released from confinement at the hospital for 19 11 sexually violent predators. 19 12 Sec. 48. NEW SECTION. 910A.9B NOTIFICATION OF RELEASE – 19 13 SEXUALLY VIOLENT PREDATORS. 19 14 When a patient is scheduled to be released from the Oakdale 19 15 state hospital for sexually violent predators, the department 19 16 of human services shall notify a victim registered with the 19 17 department regarding a sexually violent predator committed to 19 18 the custody of the department of human services and placed at 19 19 the Oakdale state hospital for sexually violent predators as 19 20 follows: 19 21 1. Not less than five days prior to the date a sexually 19 22 violent predator is scheduled to be released, the department 19 23 shall notify the victim or the members of the victim's family 19 24 who are registered that release is scheduled and shall also 19 25 notify the attorney general or county attorney, as identified 19 26 in section 229A.4, who filed the petition. 19 27 2. Notification shall include the date the patient is 19 28 expected to be released from the hospital and the address at 19 29 which it is believed the patient will be living subsequent to 19 30 release. 19 31 3. Notice to each victim or members of the victim's family 19 32 shall be made by certified mail to the last known address of 19 33 the victim or victim's family. 19 34 DIVISION IV 19 35 Sec. 49. Section 692A.1, subsection 6, Code Supplement 20 1 1997, is amended to read as follows: 20 2 6. "Sexually violent offense" means any of the following 20 3 indictable offenses: 20 4 a. Sexual abuse as defined under section 709.1. 20 5 b. Assault with intent to commit sexual abuse in violation 20 6 of section 709.11. 20 7 c. Sexual misconduct with offenders in violation of 20 8 section 709.16. 20 9d. Telephone dissemination of obscene materials in20 10violation of section 728.15.20 11e. Rental or sale of hard-core pornography in violation of20 12section 728.4.20 13f. Indecent exposure in violation of section 709.9.20 14g.d. Any of the following offenses, if the offense 20 15 involves sexual abuse or attempted sexual abuse: murder, 20 16 attempted murder, kidnapping, burglary, or manslaughter. 20 17h.e. A criminal offense committed in another jurisdiction 20 18 which would constitute an indictable offense under paragraphs 20 19 "a" through"g""d" if committed in this state. 20 20 Sec. 50. Section 692A.1, Code Supplement 1997, is amended 20 21 by adding the following new subsections: 20 22 NEW SUBSECTION. 4A. "Other relevant offense" means any of 20 23 the following offenses: 20 24 a. Telephone dissemination of obscene materials in 20 25 violation of section 728.15. 20 26 b. Rental or sale of hard-core pornography in violation of 20 27 section 728.4. 20 28 c. Indecent exposure in violation of section 709.9. 20 29 d. A criminal offense committed in another jurisdiction 20 30 which would constitute an indictable offense under paragraphs 20 31 "a" through "c" if committed in this state. 20 32 NEW SUBSECTION. 8. "Sexually violent predator" means a 20 33 person who has been convicted of an offense under the laws of 20 34 this state or of another state which would qualify the person 20 35 as a sexually violent predator under the federal Violent Crime 21 1 Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, 21 2 108 Stat. 1798. 21 3 Sec. 51. Section 692A.2, Code 1997, is amended to read as 21 4 follows: 21 5 692A.2 PERSONS REQUIRED TO REGISTER. 21 6 1. A person who has been convicted ofeithera criminal 21 7 offense against a minor, sexual exploitation, an other 21 8 relevant offense, or a sexually violent offense in this state 21 9 or in another state, or in a federal, military, tribal, or 21 10 foreign court, or a person required to register in another 21 11 state under the state's sex offender registry, shall register 21 12 as provided in this chapter. A person required to register 21 13 under this chapter shall, upon a first conviction, register 21 14 for a period of ten years commencingfromas follows: 21 15 a. From the date of placement on probation,. 21 16 b. From the date of release on parole,or work release,. 21 17 c. From the date of release as a juvenile from foster care 21 18 or residential treatment, or. 21 19 d. From the date of any other release from custody. 21 20 2. If a person is placed on probation, parole, or work 21 21 release and the probation, parole, or work release is revoked, 21 22 the ten years shall commence anew upon release from custody. 21 23 If the person who is required to register under this chapter 21 24 is incarcerated for a crime which does not require 21 25 registration under this chapter, the period of registration is 21 26 tolled until the person is released from incarceration for 21 27 that crime. 21 28 3. A person who is required to register under this chapter 21 29 shall, upon a second or subsequent conviction, register for 21 30 the rest of the person's life. 21 31 4. A person is not required to register while 21 32 incarcerated, in foster care, or in a residential treatment 21 33 program. A person who is convicted, as defined in section 21 34 692A.1, of either a criminal offense against a minoror, 21 35 sexual exploitation, a sexually violent offense, or an other 22 1 relevant offense as a result of adjudication of delinquency in 22 2 juvenile court shallnotbe required to register as required 22 3 in this chapterifunless the juvenile court finds that the 22 4 person should not be required to register under this chapter. 22 5If a person is placed on probation, parole, or work release22 6and the probation, parole, or work release is revoked, the ten22 7years shall commence anew upon release from custody.If a 22 8 juvenile is required to register and the court later modifies 22 9 the order regarding the requirement to register, the court 22 10 shall immediately notify the department. Convictions of more 22 11 than one offense which require registration under this chapter 22 12 but which are prosecuted within a single indictment shall be 22 13 considered as a single offense for purposes of registration. 22 142.5. A person who has been convicted of an offense under 22 15 the laws of this state or of another state which would qualify 22 16 the person as a sexually violent predatorunder the federal22 17Violent Crime Control and Law Enforcement Act of 1994, Pub. L.22 18No. 103-322,shall register as provided in this chapter for an 22 19 indeterminate period terminating only upon a determination by 22 20 the sentencing court that registration is no longer required. 22 21 Sec. 52. Section 692A.3, subsections 2, 3, and 4, Code 22 22 1997, are amended to read as follows: 22 23 2. A person required to register under this chapter shall, 22 24 within ten days of changing residence within a county in this 22 25 state or within ten days of a change in the person's name as a 22 26 result of marriage, dissolution of marriage, or a legal name 22 27 change, notify the sheriff of the county in which the person 22 28 is registered of the change of address, name, and any changes 22 29 in the person's telephone number in writing on a form provided 22 30 by the sheriff. The sheriff shall send a copy of the change 22 31 ofaddressinformation to the department within three working 22 32 days of receipt of notice of theaddresschange. The sex 22 33 offender registry shall maintain and make available 22 34 information from the registry cross-referenced by name at the 22 35 time of conviction and by name subsequent to any change. 23 1 3. A person required to register under this chapter shall 23 2 register with the sheriff of a county in which residence has 23 3 been newly established and notify the sheriff of the county in 23 4 which the person was registered, within ten days of changing 23 5 residence to a location outside the county in which the person 23 6 was registered. Registration shall be in writing on a form 23 7 provided by the sheriff and shall include the person's change 23 8 of address and any changes to the person's telephone number or 23 9 name. The sheriff shall send a copy of the change ofaddress23 10 information to the department within three working days of 23 11 receipt of notice of theaddresschange. 23 12 4. A person required to register under this chapter shall 23 13 notify the sheriff of the county in which the person is 23 14 registered, within ten days of changing residence to a 23 15 location outside this state, of the new residence address and 23 16 any changes in telephone numberand shall register in the23 17other state within the ten days, if persons are required to23 18register under the laws of the other stateor name. The 23 19 sheriff shall send a copy of the changeof addressto the 23 20 department within three working days of receipt of notice of 23 21 theaddresschange. The person must register with the 23 22 registering agency of the other state within ten days of 23 23 changing residency, if persons are required to register under 23 24 the laws of the other state. The department or the sheriff of 23 25 the county in this state in which the person last resided may 23 26 notify the registering agency in the other state of the 23 27 registrant's new address, telephone number, or name. 23 28 Sec. 53. Section 692A.4, subsection 2, Code 1997, is 23 29 amended to read as follows: 23 30 2. Verification of address for a person who has been 23 31 convicted of an offense under the laws of this state or of 23 32 another state which would qualify the person as a sexually 23 33 violent predatorunder the federal Violent Crime Control and23 34Law Enforcement Act of 1994, Pub. L. No. 103-322,shall be 23 35 accomplished in the same manner as in subsection 1, except 24 1 that the verification shall be done every three months at 24 2 times established by the department. 24 3 Sec. 54. Section 692A.5, subsection 1, paragraph a, Code 24 4 Supplement 1997, is amended to read as follows: 24 5 a. Obtain fingerprints, the social security number, and a 24 6 photograph of the person if fingerprints and a photograph and 24 7 the social security number have not already been obtained in 24 8 connection with the offense that triggers registration. A 24 9 current photograph may also be required. Additional 24 10 information for a person required to register as a sexually 24 11 violent predator shall include, but not be limited to, other 24 12 identifying factors, anticipated future places of residence, 24 13 offense history, and documentation of any treatment received 24 14 by the person for a mental abnormality or personality 24 15 disorder. 24 16 Sec. 55. Section 692A.7, subsection 1, Code 1997, is 24 17 amended to read as follows: 24 18 1. A willful failure to register as required under this 24 19 chapter is an aggravated misdemeanor for a first offense and a 24 20 class "D" felony for a second or subsequent offense. However, 24 21 a person who willfully fails to register as required under 24 22 this chapter and who commits a criminal offense against a 24 23 minor, sexual exploitation, an other relevant offense, or a 24 24 sexually violent offense is guilty of a class "C" felony. Any 24 25 fine imposed for a second or subsequent offense shall not be 24 26 suspended. The court shall not defer judgment or sentence for 24 27 any violation of the registration requirements of this 24 28 chapter. The willful failure of a person who is on probation, 24 29 parole, or work release, or any other form of release to 24 30 register as required under this chapter shall result in the 24 31 automatic revocation of the person's probation, parole, or 24 32 work release. 24 33 Sec. 56. Section 692A.9, Code 1997, is amended to read as 24 34 follows: 24 35 692A.9 REGISTRATION FORMS. 25 1 Registration forms shall be prepared by the department and 25 2 shall include the registrant's name at the time of conviction 25 3 and any change of name as a result of marriage, dissolution of 25 4 marriage, or legal name change, the registrant's social 25 5 security number, date of birth, the registrant's current 25 6 address, and, if applicable, the registrant's telephone 25 7 number. The forms may provide for the reporting of additional 25 8 relevant information such as, but not limited to, fingerprints 25 9 and photographs but shall not include information identifying 25 10 the victim of the crime of which the registrant was convicted. 25 11 Additional information for persons required to register as a 25 12 sexually violent predator shall include, but not be limited 25 13 to, other identifying factors, anticipated future places of 25 14 residence, offense history, and documentation of any treatment 25 15 received by the person for mental abnormality or personality 25 16 disorder. Copies of blank forms shall be available upon 25 17 request to any person from the sheriff. 25 18 Sec. 57. Section 692A.13, subsection 3, Code 1997, is 25 19 amended to read as follows: 25 20 3. The department or a criminal or juvenile justice agency 25 21 with case-specific authorization from the department may 25 22 release relevant information from the registryregarding a25 23criminal offense against a minor, sexual exploitation, or a25 24sexually violent offense,that is necessary to protect the 25 25 public concerning a specific person who is required to 25 26 register under this chapter. 25 27 Sec. 58. Section 692A.13, subsections 6 and 7, Code 1997, 25 28 are amended by striking the subsections and inserting in lieu 25 29 thereof the following: 25 30 6. Any person may contact a sheriff's office or a police 25 31 department in writing to request information regarding any 25 32 person required to register. A request for information shall 25 33 include the name and one or more of the following identifiers 25 34 pertaining to the person about whom information is sought: 25 35 a. The person's date of birth. 26 1 b. The person's social security number. 26 2 c. The person's address. 26 3 A county sheriff or a police department shall provide, in 26 4 accordance with rules adopted by the department, a list of all 26 5 registrants in that county who are classified as at-risk for 26 6 reoffending. 26 7 7. The department of corrections, the department of human 26 8 services, and the department of public safety shall, in 26 9 consultation with one another, develop methods and procedures 26 10 for the assessment of the risk that persons required to 26 11 register under this chapter pose of reoffending. The 26 12 department of corrections, in consultation with the department 26 13 of human services, the department of public safety, and the 26 14 attorney general, shall adopt rules relating to assessment 26 15 procedures. The assignment of responsibility for the 26 16 assessment of risk shall be as follows: 26 17 a. The department of corrections shall perform the 26 18 assessment of risk for persons who are incarcerated in 26 19 institutions under the control of the director of the 26 20 department of corrections, persons who are under the 26 21 supervision of the department of corrections or a judicial 26 22 district department of correctional services, and persons who 26 23 are under the supervision or control of the department of 26 24 corrections or a judicial district department of correctional 26 25 services through an interstate compact. 26 26 b. The department of human services shall perform the 26 27 assessment of risk for persons who are confined in 26 28 institutions under the control of the director of human 26 29 services, persons who are under the supervision of the 26 30 department of human services, and persons who are under the 26 31 supervision or control of the department of human services 26 32 through an interstate compact. 26 33 c. The division of criminal investigation of the 26 34 department of public safety shall perform the assessment of 26 35 risk for persons who have moved to Iowa but are not under the 27 1 supervision of the department of corrections, a judicial 27 2 district department of correctional services, or the 27 3 department of human services; federal parolees or 27 4 probationers; persons who have been released from a county 27 5 jail but are not under the supervision of the department of 27 6 corrections, a judicial district department of correctional 27 7 services, or the department of human services; and persons who 27 8 are convicted and released by the courts and are not 27 9 incarcerated or placed under supervision pursuant to the 27 10 court's sentencing order. 27 11 Sec. 59. Section 692A.13, subsection 8, Code 1997, is 27 12 amended to read as follows: 27 13 8. Notwithstanding sections 232.147 through 232.151, 27 14 records concerning convictions for criminal offenses against a 27 15 minor, sexual exploitation, other relevant offenses, or 27 16 sexually violent offenses which are committed by a minor may 27 17 be released in the same manner as records of convictions of 27 18 adults. 27 19 Sec. 60. NEW SECTION. 692A.16 APPLICABILITY OF CHAPTER. 27 20 1. The registration requirements of this chapter shall 27 21 apply to persons convicted of a criminal offense against a 27 22 minor, sexual exploitation, an other relevant offense, or a 27 23 sexually violent offense prior to July 1, 1995, are released 27 24 on or after July 1, 1995, who are participating in a work 27 25 release or institutional work release program on or after July 27 26 1, 1995, or who are under parole or probation supervision by a 27 27 judicial district department of correctional services on or 27 28 after July 1, 1995. 27 29 2. Persons required to register under subsection 1 shall 27 30 register for a period of ten years commencing with the later 27 31 of either July 1, 1995, or the date of the person's release 27 32 from confinement, release on work release or institutional 27 33 work release, or release on parole or probation. For persons 27 34 released from confinement, registration shall be initiated by 27 35 the warden, sheriff, or superintendent in charge of the place 28 1 of confinement in the same manner as provided in section 28 2 692A.5. For persons who are under parole or probation 28 3 supervision, the person's parole or probation officer shall 28 4 inform the person of the person's duty to register and shall 28 5 obtain the registration information from the person as 28 6 required under section 692A.5. 28 7 Sec. 61. Section 901.4, Code 1997, is amended to read as 28 8 follows: 28 9 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL. 28 10 The presentence investigation report is confidential and 28 11 the court shall provide safeguards to ensure its 28 12 confidentiality, including but not limited to sealing the 28 13 report, which may be opened only by further court order. At 28 14 least three days prior to the date set for sentencing, the 28 15 court shall serve all of the presentence investigation report 28 16 upon the defendant's attorney and the attorney for the state, 28 17 and the report shall remain confidential except upon court 28 18 order. However, the court may conceal the identity of the 28 19 person who provided confidential information. The report of a 28 20 medical examination or psychological or psychiatric evaluation 28 21 shall be made available to the attorney for the state and to 28 22 the defendant upon request. The reports are part of the 28 23 record but shall be sealed and opened only on order of the 28 24 court. If the defendant is committed to the custody of the 28 25 Iowa department of corrections and is not a class "A" felon, a 28 26 copy of the presentence investigation report shall be 28 27 forwarded to the director with the order of commitment by the 28 28 clerk of the district court and to the board of parole at the 28 29 time of commitment. The defendant or the defendant's attorney 28 30 may file with the presentence investigation report, a denial 28 31 or refutation of the allegations, or both, contained in the 28 32 report. The denial or refutation shall be included in the 28 33 report. If the person is sentenced for an offense which 28 34 requires registration under chapter 692A, the court shall 28 35 release the report to the department which is responsible 29 1 under section 692A.13 for performing the assessment of risk. 29 2 DIVISION V 29 3 Sec. 62. NEW SECTION. 903B.1 HORMONAL INTERVENTION 29 4 THERAPY – CERTAIN SEX OFFENSES. 29 5 1. A person who has been convicted of a serious sex 29 6 offense may, upon a first conviction and in addition to any 29 7 other punishment provided by law, be required to undergo 29 8 medroxyprogesterone acetate treatment as part of any 29 9 conditions of release imposed by the court or the board of 29 10 parole. Upon a second or subsequent conviction, the court or 29 11 the board of parole shall require the person to undergo 29 12 medroxyprogesterone acetate treatment as a condition of 29 13 release. This section shall not apply if the person 29 14 voluntarily undergoes a permanent surgical alternative 29 15 approved by the court or the board of parole. 29 16 2. If a person is placed on probation and is not in 29 17 confinement at the time of sentencing, the presentence 29 18 investigation shall include a plan for initiation of treatment 29 19 as soon as is reasonably possible after the person is 29 20 sentenced. If the person is in confinement prior to release 29 21 on probation or parole, treatment shall commence prior to the 29 22 release of the person from confinement. Conviction of a 29 23 serious sex offense shall constitute exceptional circumstances 29 24 warranting a presentence investigation under section 901.2. 29 25 3. For purposes of this section, a "serious sex offense" 29 26 means any of the following offenses in which the victim was a 29 27 child who was, at the time the offense was committed, twelve 29 28 years of age or younger: 29 29 a. Sexual abuse in the first degree, in violation of 29 30 section 709.2. 29 31 b. Sexual abuse in the second degree, in violation of 29 32 section 709.3. 29 33 c. Sexual abuse in the third degree, in violation of 29 34 section 709.4. 29 35 d. Lascivious acts with a child, in violation of section 30 1 709.8. 30 2 e. Assault with intent, in violation of section 709.11. 30 3 f. Indecent contact with a minor, in violation of section 30 4 709.12. 30 5 g. Lascivious conduct with a minor, in violation of 30 6 section 709.14. 30 7 h. Sexual exploitation by a counselor in violation of 30 8 section 709.15. 30 9 i. Sexual exploitation of a minor, in violation of section 30 10 728.12, subsections 1 and 2. 30 11 4. The department of corrections, in consultation with the 30 12 board of parole, shall adopt rules which provide for the 30 13 initiation of medroxyprogesterone acetate treatment prior to 30 14 the parole or work release of a person who has been convicted 30 15 of a serious sex offense and who is required to undergo 30 16 treatment as a condition of release by the board of parole. 30 17 The department's rules shall also establish standards for the 30 18 supervision of the treatment by the judicial district 30 19 department of correctional services during the period of 30 20 release. Each district department of correctional services 30 21 shall adopt policies and procedures which provide for the 30 22 initiation or continuation of medroxyprogesterone acetate 30 23 treatment as a condition of release for each person who is 30 24 required to undergo the treatment by the court or the board of 30 25 parole. The board of parole shall, in consultation with the 30 26 department of corrections, adopt rules which relate to 30 27 initiation or continuation of medroxyprogesterone acetate 30 28 treatment as a condition of any parole or work release. 30 29 DIVISION VI 30 30 Sec. 63. SEVERABILITY, APPLICABILITY, AND EFFECTIVE DATE. 30 31 1. If any provision of divisions I through III of this Act 30 32 or the application thereof to any person is invalid, the 30 33 invalidity shall not affect the provisions or application of 30 34 divisions I through III of this Act which can be given effect 30 35 without the invalid provisions or application, and to this end 31 1 the provisions of this Act are severable. 31 2 2. Divisions I through III of this Act apply to all 31 3 persons currently in the custody of the Iowa department of 31 4 corrections for a conviction for a sexually violent offense as 31 5 defined in section 229A.3, as well as to all persons who 31 6 commit sexually violent offenses in the future. 31 7 3. Divisions I through III of this Act take effect January 31 8 1, 1999. 31 9 EXPLANATION 31 10 This bill makes a variety of changes which affect persons 31 11 who have committed certain unlawful sex acts. 31 12 Division I of this bill provides a procedure for the civil 31 13 commitment of persons who are found to be sexually violent 31 14 predators. Under the bill, a sexually violent predator is 31 15 defined as a person who has committed a sexually violent 31 16 offense and who suffers from a mental abnormality. The 31 17 attorney general or a county attorney may petition to commence 31 18 commitment proceedings against persons who have either been 31 19 convicted or adjudicated delinquent of a sexually violent 31 20 offense and persons who have been acquitted of a sexually 31 21 violent offense by reason of insanity or found incompetent to 31 22 stand trial for such an offense. 31 23 If a county attorney files the petition, the costs of 31 24 prosecution are to be paid by the county. If the petition is 31 25 filed by the attorney general, the costs of prosecution are to 31 26 be paid by the state. All other costs are to be paid by the 31 27 state. 31 28 The petition must be supported by an affidavit of a mental 31 29 health professional. Within 72 hours of the filing of a 31 30 petition, a probable cause hearing must be conducted in the 31 31 presence of the person who is alleged to be a sexually violent 31 32 predator. If the court finds that there is probable cause to 31 33 believe that the person is a sexually violent predator, the 31 34 court must direct that an evaluation of the person be 31 35 conducted. At the hearing the person has the right to counsel 32 1 and to evaluation by experts of the person's own choosing. If 32 2 the person is indigent, the court is to assist the person in 32 3 obtaining independent experts at state expense. 32 4 Within 45 days of the filing of the petition, a trial must 32 5 be held on the question of whether the person is to be 32 6 committed as a sexually violent predator. At the trial, the 32 7 person again has the right to counsel and to retain and be 32 8 evaluated by experts of the person's own choosing. If the 32 9 person is indigent, the court is to assist the person in 32 10 obtaining an independent expert or professional to perform an 32 11 evaluation or participate in the trial. Any independent 32 12 professional who is conducting an evaluation of the person is 32 13 to have access to all relevant medical and psychological 32 14 records and reports. At the trial, the court must determine 32 15 whether there is evidence to prove beyond a reasonable doubt 32 16 that the person is a sexually violent predator. If the court 32 17 determines that there is sufficient evidence, the court must 32 18 order the person placed in a facility for sexually violent 32 19 predators which is established under the bill for control, 32 20 care, and treatment until the person's mental abnormality has 32 21 improved to the extent that it is safe to release the person. 32 22 A person committed as a sexually violent predator is to be 32 23 evaluated on an annual basis to determine the person's mental 32 24 condition. After one year of commitment, the person may 32 25 request that mental examinations be performed more frequently 32 26 than annually. If the director of human services determines 32 27 that a committed person's mental condition has so improved 32 28 that the person no longer is likely to engage in predatory 32 29 acts of sexual violence, the director is required to petition 32 30 for the person's release. Once such a petition is filed, the 32 31 burden shifts to the attorney general to prove beyond a 32 32 reasonable doubt that the person should not be released. The 32 33 committed person may also petition the court for release at 32 34 any time. The director of human services must also annually 32 35 notify the committed person of the person's right to petition 33 1 for release. If the committed person has not affirmatively 33 2 waived the right to petition for release, the court is 33 3 required to set a show cause hearing to determine whether the 33 4 person can be released. As was the case at trial, the 33 5 committed person has a right to counsel at any release 33 6 hearings and has a right to an independent professional 33 7 evaluation. 33 8 If the court finds that the state has not proved beyond a 33 9 reasonable doubt that the committed person's condition has not 33 10 changed and that the person is not safe to be released, the 33 11 court is required to authorize the release of the person. 33 12 Release may be with or without supervision. The 33 13 superintendent of the Oakdale state hospital for sexually 33 14 violent predators is to assist in preparing a plan to address 33 15 the person's needs, if the person is to be released from the 33 16 hospital with supervision. 33 17 Although a person may petition for release at any time, if 33 18 the court has determined that a petition was frivolous or that 33 19 a petitioner's condition has not changed sufficiently to 33 20 warrant release, the court must deny any petitions which are 33 21 filed within one year of the previous determination unless new 33 22 facts are alleged which could support a contrary finding. 33 23 Divisions II and III of this bill establish a new facility 33 24 in Oakdale, Iowa, the Oakdale state hospital for sexually 33 25 violent predators, under the direction of the department of 33 26 human services. The hospital is to be designed, maintained, 33 27 and administered specifically for the care, observation, and 33 28 treatment of persons who are determined to be sexually violent 33 29 predators. The administrator of the division of mental health 33 30 and developmental disabilities of the department of human 33 31 services is to appoint a superintendent of the hospital, who, 33 32 in turn and subject to the approval of the administrator, is 33 33 responsible for the hiring of the officers and employees and 33 34 general administration of the hospital. If the superintendent 33 35 is a physician, the superintendent is also to serve as the 34 1 clinical director of the hospital. If the superintendent is a 34 2 hospital administrator, the hospital administrator is also to 34 3 serve as the business manager of the hospital. The department 34 4 and the superintendent, subject to the approval of the 34 5 administrator of the division of mental health and 34 6 developmental disabilities, also have the power to contract to 34 7 fulfill the duties of the superintendent. 34 8 A fund is established at the Oakdale state hospital for 34 9 sexually violent predators for the deposit of the personal 34 10 funds of any patients in the hospital. The fund is to be 34 11 maintained in a commercial account of a bank of reputable 34 12 standing. If the patient is not receiving Medicaid, and the 34 13 amount in the account of any patient exceeds $200, moneys in 34 14 the fund may be applied toward any restitution owed by the 34 15 patient or to reimburse the state for the liability incurred 34 16 in the care, treatment, support, and maintenance of the 34 17 patient. 34 18 In the case of an unauthorized departure of any patient, 34 19 the superintendent is required to exercise due diligence to 34 20 retake and return the patient to the hospital. A notification 34 21 by the superintendent of an unauthorized departure by a 34 22 patient to a peace officer, correctional officer, or any 34 23 officer or employee of the department of corrections, or any 34 24 private person is sufficient authority for the officer, 34 25 employee, or person to take and return the person to the 34 26 hospital. Any expenses involved in the retaking are to be 34 27 paid from the state general fund. 34 28 In the event of a sudden or unexpected death of a patient 34 29 at the Oakdale state hospital for sexually violent predators, 34 30 or if a patient's relatives so request, an investigation into 34 31 the death will be conducted by the county medical examiner. 34 32 The costs of the examination, unless it has been requested by 34 33 the relatives, will be paid by the state. If the relatives 34 34 request the investigation, the relatives must pay the costs in 34 35 advance. Whenever any patient of the hospital dies, the 35 1 hospital must give notice within three days to the patient's 35 2 nearest relative, the clerk of court and the sheriff in the 35 3 county in which the person was committed, and the prosecutor 35 4 in the sexual violent predator civil commitment proceedings. 35 5 If the prosecutor was a county attorney, a notice is also to 35 6 be sent to the attorney general. 35 7 Regulations, procedures, and policies governing the 35 8 internal administration which may jeopardize the secure 35 9 operation of the hospital are confidential records for 35 10 purposes of the administrative procedures Act, Code chapter 35 11 17A, and Iowa's public records law, Code chapter 22. 35 12 A patient at Oakdale state hospital for sexually violent 35 13 predators who bites another person, causes the exchange of 35 14 bodily fluids with another person, or causes a bodily 35 15 secretion to be cast upon another person is required to submit 35 16 to the withdrawal of a bodily specimen to determine if the 35 17 person is infected with a contagious infectious disease. If 35 18 the patient refuses to submit, application may be made to the 35 19 court to compel submission and compliance with any available 35 20 treatment. Personnel at the hospital are to be notified if a 35 21 patient is found to have a contagious infectious disease. The 35 22 provisions in the chapter pertaining to acquired immune 35 23 deficiency syndrome which relate to knowledge and consent do 35 24 not apply to patients committed at the Oakdale state hospital 35 25 for sexually violent predators and the hospital may provide 35 26 medically acceptable procedures for notifying and protecting 35 27 employees, visitors, and other patients from possible 35 28 infection. 35 29 The department of human services is to provide notification 35 30 of the release of a sexually violent predator from the Oakdale 35 31 state hospital for sexually violent predators in the same 35 32 manner as notification is provided of the release of other 35 33 inmates of department institutions and institutions under the 35 34 control of the department of corrections. 35 35 The provisions which relate to the commitment of sexually 36 1 violent predators take effect January 1, 1999, and apply to 36 2 all persons currently in custody of the department of 36 3 corrections for a sexually violent offense and to all persons 36 4 who commit sexually violent offenses in the future. 36 5 Under division VI of the bill the provisions relating to 36 6 the commitment of sexually violent predators are severable and 36 7 take effect January 1, 1999. 36 8 Division IV of this bill amends the sex offender registry 36 9 chapter by making changes to definitions, providing for 36 10 lifetime registration for repeat offenders, providing for 36 11 registration of offenders who are required to register in 36 12 another state but whose crimes do not trigger the registration 36 13 requirements in this state, making changes in the notification 36 14 and offender reporting requirements, providing for offender 36 15 risk assessment, and codifying language regarding the 36 16 applicability of registration requirements. 36 17 The definition of the term "sexually violent offense" is 36 18 amended in Code section 692A.1 by striking three offenses, 36 19 telephone dissemination of obscene materials, rental or sale 36 20 of hard-core pornography, and indecent exposure, from the 36 21 definition. The same offenses are contained in the new 36 22 definition of "other relevant offense", which is incorporated 36 23 into the registration requirements. A definition of the term 36 24 "sexually violent predator" is created and defines the term as 36 25 meaning the same as under the federal definition of sexually 36 26 violent predator under the Violent Crime Control and Law 36 27 Enforcement Act of 1994. Language which referenced the 36 28 federal definition in other provisions of Code chapter 692A is 36 29 stricken to utilize the new definition. 36 30 The provisions in Code section 692A.2 which establish an 36 31 individual's duty to register as a sex offender are amended to 36 32 require registration in Iowa by persons who are convicted of 36 33 an offense in a court in another state, a federal court, a 36 34 military court, a tribal court, or a foreign court, which 36 35 would require registration if committed in this state, as well 37 1 as persons who are required to register in another state. 37 2 Language is added to provide for the tolling of the period of 37 3 registration during the time that a registrant is incarcerated 37 4 for an offense which does not require registration. A 37 5 requirement is added that provides that if a person is 37 6 convicted more than once of a crime which requires 37 7 registration, that person must register for the rest of the 37 8 person's life. If the juvenile court modifies an order which 37 9 had required the registration of a juvenile, the court must 37 10 notify the department of the modification. Convictions of 37 11 more than one offense which require registration and which are 37 12 prosecuted in a single indictment are to be considered as a 37 13 single offense for purposes of registration. 37 14 Language is added to the provisions in Code section 692A.3 37 15 relating to changes in information pertaining to a registrant 37 16 to require that the person provide information relating to 37 17 certain new legal name changes and to provide that the 37 18 registry be cross-referenced by name at the time of conviction 37 19 and by name subsequent to any change. The bill also requires 37 20 that persons who move to another state must register with the 37 21 registering agency of the other state within 10 days of 37 22 changing residency, if sex offenders are required to register 37 23 under the laws of that state. The department or the sheriff 37 24 of the county in this state may notify the registering agency 37 25 in the other state of the registrant's new address, telephone 37 26 number, or name. 37 27 Sexually violent predators are required by the amendments 37 28 to Code sections 692A.5 and 692A.9 to provide the registry 37 29 with additional information, beyond that which is required for 37 30 other sex offenders, including other identifying factors, 37 31 anticipated future residence, offense history, and 37 32 documentation of any treatment received by the person for 37 33 mental abnormality or personality disorder. 37 34 The public notification provisions in Code section 692A.13 37 35 are modified to provide that any person may contact a 38 1 sheriff's office or police department in writing to request 38 2 information regarding any person who is required to register. 38 3 The request must include the registrant's name and at least 38 4 one of the following additional identifiers: the registrant's 38 5 date of birth, social security number, or address. 38 6 Additionally, the county sheriff or a police department is to 38 7 provide, in accordance with rules adopted by the department of 38 8 public safety, a list of all registrants in that county who 38 9 are classified as at-risk of reoffending. The department of 38 10 corrections, the department of human services, and the 38 11 department of public safety, in consultation with one another, 38 12 shall develop methods and procedures for the assessment of 38 13 persons required to register as sex offenders and sexually 38 14 violent predators and are to perform assessments of offenders 38 15 who are under their respective jurisdictions. The provision 38 16 restricting the release of presentence reports is amended to 38 17 provide for release of the report to the department which is 38 18 responsible for performing the offender assessment of risk. 38 19 Language in Code section 692A.13 relating to the release of 38 20 information is changed to include information regarding 38 21 convictions for the crimes of sexual exploitation and those 38 22 offenses classified as other relevant offenses. 38 23 The registration provisions of Code chapter 692A are made 38 24 applicable by new Code section 692A.16 for a period of 10 38 25 years to persons convicted of criminal offenses against a 38 26 minor, sexual exploitation, other relevant offenses, and 38 27 sexually violent offenses prior to July 1, 1995, but who are 38 28 released after that date. The bill takes effect July 1 after 38 29 enactment since no other effective date is specified. 38 30 Division V of the bill creates new Code section 903B.1, 38 31 which provides that persons who are convicted of certain 38 32 enumerated "serious sex offenses" may, on a first conviction, 38 33 and shall, on a second or subsequent conviction, be required 38 34 to undergo hormonal intervention therapy by the court or board 38 35 of parole. If the person has been confined, the treatment is 39 1 to commence before the person is released. If the person was 39 2 not confined at the time of sentencing, a plan for 39 3 commencement of treatment is to be developed and included in 39 4 the presentence investigation report. "Serious sex offenses" 39 5 include sexual abuse in the first, second, or third degree, 39 6 lascivious acts with a child, assault with intent to commit 39 7 sexual abuse, sexual exploitation by a counselor, and sexual 39 8 exploitation of a minor. 39 9 LSB 3285XL 77 39 10 lh/jw/5.1
Text: SSB02145 Text: SSB02147 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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