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House Journal: Page 1572: Tuesday, April 14, 1998

14   short-term treatment to persons with serious mental
15   disorders and then return them to the community.  In
16   contrast to persons appropriate for civil commitment
17   under chapter 229, sexually violent predators
18   generally have antisocial personality features that
19   are unamenable to existing mental illness treatment
20   modalities and that render them likely to engage in
21   sexually violent behavior.  The general assembly finds
22   that sexually violent predators' likelihood of
23   engaging in repeat acts of predatory sexual violence
24   is high and that the existing involuntary commitment
25   procedure under chapter 229 is inadequate to address
26   the risk these sexually violent predators pose to
27   society.
28     The general assembly further finds that the
29   prognosis for rehabilitating sexually violent
30   predators in a prison setting is poor, because the
31   treatment needs of this population are very long-term,
32   and the treatment modalities for this population are
33   very different from the traditional treatment
34   modalities available in a prison setting or for
35   persons appropriate for commitment under chapter 229.
36   Therefore, the general assembly finds that a civil
37   commitment procedure for the long-term care and
38   treatment of the sexually violent predator is
39   necessary.
40     Sec. ___.  NEW SECTION.  229A.2  DEFINITIONS.
41     As used in this chapter:
42     1.  "Agency with jurisdiction" means an agency
43   which releases a person serving a sentence or term of
44   confinement based upon a lawful order or authority,
45   and includes but is not limited to the department of
46   corrections, the department of human services, a
47   judicial district department of correctional services,
48   and the Iowa board of parole.
49     2.  "Mental abnormality" means a congenital or
50   acquired condition affecting the emotional or

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 1   volitional capacity of a person and predisposing that
 2   person to commit sexually violent offenses to a degree
 3   which would constitute a menace to the health and
 4   safety of others.
 5     3.  "Predatory" means acts directed toward a person
 6   with whom a relationship has been established or
 7   promoted for the primary purpose of victimization.
 8     4.  "Sexually motivated" means that one of the
 9   purposes for commission of a crime is the purpose of
10   sexual gratification of the perpetrator of the crime.
11     5.  "Sexually violent offense" means:
12     a.  A violation of any provision of chapter 709.
13     b.  A violation of any of the following if the

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