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House Journal: Page 1576: Tuesday, April 14, 1998

14   including, but not limited to, a county jail, for an
15   evaluation as to whether the respondent is a sexually
16   violent predator.  The evaluation shall be conducted
17   by a person deemed to be professionally qualified to
18   conduct such an examination.
19     Sec. ___.  NEW SECTION.  229A.6  COUNSEL AND
20   EXPERTS, INDIGENT PERSONS.
21     1.  A respondent to a petition alleging the person
22   to be a sexually violent predator shall be entitled to
23   the assistance of counsel upon the filing of the
24   petition under section 299A.4 and, if the respondent
25   is indigent, the court shall appoint counsel to assist
26   the respondent.
27     2.  If a respondent is subjected to an examination
28   under this chapter, the respondent may retain experts
29   or professional persons to perform an independent
30   examination on the respondent's behalf.  If the
31   respondent wishes to be examined by a qualified expert
32   or professional person of the respondent's own choice,
33   the examiner of the respondent's choice shall be given
34   reasonable access to the respondent for the purpose of
35   the examination, as well as access to all relevant
36   medical and psychological records and reports.  If the
37   respondent is indigent, the court, upon the
38   respondent's request, shall determine whether the
39   services are necessary and the reasonable compensation
40   for the services.  If the court determines that the
41   services are necessary and the requested compensation
42   for the services is reasonable, the court shall assist
43   the respondent in obtaining an expert or professional
44   person to perform an examination or participate in the
45   trial on the respondent's behalf.  The court shall
46   approve payment for such services upon the filing of a
47   certified claim for compensation supported by a
48   written statement specifying the time expended,
49   services rendered, expenses incurred on behalf of the
50   respondent, and compensation received in the same case

Page 6

 1   or for the same services from any other source.
 2     Sec. ___.  NEW SECTION.  229A.7  TRIAL,
 3   DETERMINATION, COMMITMENT PROCEDURE, INTERAGENCY
 4   AGREEMENTS, MISTRIALS.
 5     1.  Within sixty days after the completion of any
 6   hearing held pursuant to section 229A.5, the court
 7   shall conduct a trial to determine whether the
 8   respondent is a sexually violent predator.  The trial
 9   may be continued upon the request of either party and
10   a showing of good cause, or by the court on its own
11   motion in the due administration of justice, and when
12   the respondent will not be substantially prejudiced.
13   The respondent, the attorney general, or the judge

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Thu Apr 16 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01576.html
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