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PAG LIN 1 1 SENATE FILE 216 1 2 1 3 AN ACT 1 4 RELATING TO THE COMMITMENT OF SEXUALLY VIOLENT PREDATORS, BY 1 5 CHANGING THE DEADLINE FOR FILING A PETITION BY THE ATTORNEY 1 6 GENERAL; PROVIDING FOR WAIVER OR CONTINUANCE OF THE PROBABLE 1 7 CAUSE HEARING; GRANTING GREATER ENFORCEMENT POWER TO THE 1 8 PROSECUTING ATTORNEY; EXTENDING THE TIME TO HOLD A TRIAL; 1 9 ESTABLISHING SUPERVISED RELEASE FOR SEXUALLY VIOLENT PERSONS 1 10 WHO HAVE BEEN REHABILITATED; PROVIDING FOR THE PRESERVATION 1 11 OF CERTAIN CHILD ABUSE REPORTS; PROVIDING THE DEPARTMENT OF 1 12 JUSTICE WITH ACCESS TO SUCH REPORTS; AND PROVIDING AN 1 13 EFFECTIVE DATE. 1 14 1 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 16 1 17 Section 1. Section 229A.2, Code 1999, is amended by adding 1 18 the following new subsection: 1 19 NEW SUBSECTION. 1A. "Appropriate secure facility" means a 1 20 state facility that is designed to confine but not necessarily 1 21 to treat a sexually violent predator. 1 22 Sec. 2. Section 229A.4, subsection 1, Code 1999, is 1 23 amended to read as follows: 1 24 1. If it appears that a person presently confined may be a 1 25 sexually violent predator and the prosecutor's review 1 26 committee has determined that the person meets the definition 1 27 of a sexually violent predator, the attorney general may file 1 28 a petition, within seventy-five days of the date the attorney1 29general received the written notice by the agency of1 30jurisdiction pursuant to section 229A.3,alleging that the 1 31 person is a sexually violent predator and stating sufficient 1 32 facts to support such an allegation. 1 33 Sec. 3. Section 229A.5, subsection 2, unnumbered paragraph 1 34 1, Code 1999, is amended to read as follows: 1 35 Within seventy-two hours after being taken into custody or 2 1 being transferred to an appropriate secure facility, a hearing 2 2 shall be held to determine whether probable cause exists to 2 3 believe the detained person is a sexually violent predator. 2 4 The hearing may be waived by the respondent. The hearing may 2 5 be continued upon the request of either party and a showing of 2 6 good cause, or by the court on its own motion in the due 2 7 administration of justice, and if the respondent is not 2 8 substantially prejudiced. At the probable cause hearing, the 2 9 detained person shall have the following rights: 2 10 Sec. 4. Section 229A.5, subsection 5, Code 1999, is 2 11 amended to read as follows: 2 12 5. If the court determines that probable cause does exist, 2 13 the court shall direct that the respondent be transferred to 2 14 an appropriate secure facility,including, but not limited to,2 15a county jail,for an evaluation as to whether the respondent 2 16 is a sexually violent predator. The evaluation shall be 2 17 conducted by a person deemed to be professionally qualified to 2 18 conduct such an examination. 2 19 Sec. 5. NEW SECTION. 229A.5A POWERS OF INVESTIGATIVE 2 20 PERSONNEL BEFORE A PETITION IS FILED. 2 21 1. The prosecuting attorney or attorney general is 2 22 authorized upon the occurrence of a recent overt act, or upon 2 23 receiving written notice pursuant to section 229A.3, or before 2 24 the filing of a petition under this chapter, to subpoena and 2 25 compel the attendance of witnesses, examine the witnesses 2 26 under oath, and require the production of documentary evidence 2 27 for inspection, reproduction, or copying. Except as otherwise 2 28 provided by this section, the prosecuting attorney or attorney 2 29 general shall have the same powers and limitations, subject to 2 30 judicial oversight and enforcement, as provided by this 2 31 chapter and by the Iowa rules of civil procedure. Any person 2 32 compelled to appear under a demand for oral testimony under 2 33 this section may be accompanied, represented, and advised by 2 34 counsel at their own expense. 2 35 2. The examination of all witnesses under this section 3 1 shall be conducted by the prosecuting attorney or attorney 3 2 general before an officer authorized to administer oaths under 3 3 section 63A.1. The testimony shall be taken by a certified 3 4 shorthand reporter or by a sound recording device and shall be 3 5 transcribed or otherwise preserved in the same manner as 3 6 provided for the preservation of depositions under the Iowa 3 7 rules of civil procedure. The prosecuting attorney or 3 8 attorney general may exclude from the examination all persons 3 9 except the witness, witness's counsel, the officer before whom 3 10 the testimony is to be taken, law enforcement officials, and a 3 11 certified shorthand reporter. Prior to oral examination, the 3 12 person shall be advised by the prosecuting attorney or 3 13 attorney general of the person's right to refuse to answer any 3 14 questions on the basis of the privilege against self- 3 15 incrimination. The examination shall be conducted in a manner 3 16 consistent with the rules dealing with the taking of 3 17 depositions. 3 18 Sec. 6. Section 229A.7, subsection 2, Code 1999, is 3 19 amended to read as follows: 3 20 2. Withinsixtyninety days after either the entry of the 3 21 order waiving the probable cause hearing or completion of the 3 22 probable cause hearing heldpursuant tounder section 229A.5, 3 23 the court shall conduct a trial to determine whether the 3 24 respondent is a sexually violent predator. The trial may be 3 25 continued upon the request of either party and a showing of 3 26 good cause, or by the court on its own motion in the due 3 27 administration of justice, and when the respondent will not be 3 28 substantially prejudiced. The respondent, the attorney 3 29 general, or the judge shall have the right to demand that the 3 30 trial be before a jury. Such demand for the trial to be 3 31 before a jury shall be filed, in writing, at leastfourten 3 32 days prior to trial. The number and selection of jurors shall 3 33 be determined as provided in chapter 607A. If no demand is 3 34 made, the trial shall be before the court. 3 35 Sec. 7. Section 229A.7, subsection 5, Code 1999, is 4 1 amended to read as follows: 4 2 5. If the court or jury is not satisfied beyond a 4 3 reasonable doubt that the respondent is a sexually violent 4 4 predator, the court shall direct the respondent's release. 4 5 Upon a mistrial, the court shall direct that the respondent be 4 6 held at an appropriate secure facility, including, but not4 7limited to, a county jail,until another trial is conducted. 4 8 Any subsequent trial following a mistrial shall be held within 4 9 ninety days of the previous trial, unless such subsequent 4 10 trial is continued as provided in subsection 1. 4 11 Sec. 8. Section 229A.10, Code 1999, is amended to read as 4 12 follows: 4 13 229A.10 PETITION FOR DISCHARGE – PROCEDURE. 4 14 1. If the director of human services determines that the 4 15 person's mental abnormality has so changed that the person is 4 16 not likely to commit predatory acts or sexually violent 4 17 offenses if discharged, the director shall authorize the 4 18 person to petition the court for discharge. The petition 4 19 shall be served upon the court and the attorney general. The 4 20 court, upon receipt of the petition for discharge, shall order 4 21 a hearing within thirty days. The attorney general shall 4 22 represent the state, and shall have the right to have the 4 23 petitioner examined by an expert or professional person of the 4 24 attorney general's choice. The hearing shall be before a jury 4 25 if demanded by either the petitioner or the attorney general. 4 26 The burden of proof shall be upon the attorney general to show 4 27 beyond a reasonable doubt that the petitioner's mental 4 28 abnormality or personality disorder remains such that the 4 29 petitioner is not safe to be at large and that if discharged 4 30 is likely to commit predatory acts or sexually violent 4 31 offenses. 4 32 2. Upon a finding that the state has failed to meet its 4 33 burden of proof under this section, or a stipulation by the 4 34 state, the court shall authorize the release of the committed 4 35 person. Release may be ordered with or without supervision. 5 1 If supervised release is ordered, the department of human 5 2 services shall prepare a plan addressing the person's needs 5 3 for counseling, medication, community support services, 5 4 residential services, vocational services, alcohol and other 5 5 drug abuse treatment, and any other treatment or supervision 5 6 necessary. If the court orders the release of the committed 5 7 person with supervision, the court shall order supervision by 5 8 an agency with jurisdiction that is familiar with the 5 9 placement of criminal offenders in the community. 5 10 Sec. 9. Section 229A.12, Code 1999, is amended to read as 5 11 follows: 5 12 229A.12 DIRECTOR OF HUMAN SERVICES – RESPONSIBILITY FOR 5 13 COSTS – DUTIES – REIMBURSEMENT. 5 14 The director of human services shall be responsible for all 5 15 costs relating to the evaluationand, treatmentof, and 5 16 services provided to persons committed to the director's 5 17 custody after the court or jury determines that the respondent 5 18 is a sexually violent predator and pursuant to commitment 5 19 under any provision of this chapter. If supervision is 5 20 ordered pursuant to section 229A.10, the director shall also 5 21 be responsible for all costs related to the supervision of any 5 22 person. Reimbursement may be obtained by the director from 5 23 the patient and any person legally liable or bound by contract 5 24 for the support of the patient for the cost of care and 5 25 treatment provided. As used in this section, "any person 5 26 legally liable" does not include a political subdivision. 5 27 Sec. 10. Section 235A.15, subsection 2, paragraph d, Code 5 28 1999, is amended by adding the following new subparagraph: 5 29 NEW SUBPARAGRAPH. (6) To the department of justice for 5 30 purposes of review by the prosecutor's review committee or the 5 31 commitment of sexually violent predators as provided in 5 32 chapter 229A. 5 33 Sec. 11. Section 235A.15, subsection 3, Code 1999, is 5 34 amended by adding the following new paragraph: 5 35 NEW PARAGRAPH. d. The department of justice for purposes 6 1 of review by the prosecutor's review committee or the 6 2 commitment of sexually violent predators as provided in 6 3 chapter 229A. 6 4 Sec. 12. Section 235A.15, subsection 4, Code 1999, is 6 5 amended by adding the following new paragraph: 6 6 NEW PARAGRAPH. d. The department of justice for purposes 6 7 of review by the prosecutor's review committee or the 6 8 commitment of sexually violent predators as provided in 6 9 chapter 229A. 6 10 Sec. 13. Section 235A.18, subsection 1, paragraphs a and 6 11 b, Code 1999, are amended to read as follows: 6 12 a. Report and disposition data relating to a particular 6 13 case of alleged child abuse shall be sealed ten years after 6 14 the initial placement of the data in the registry unless good 6 15 cause be shown why the data should remain open to authorized 6 16 access. If a subsequent report of an alleged case of child 6 17 abuse involving the child named in the initial data placed in 6 18 the registry as the victim of abuse or a person named in the 6 19 data as having abused a child is received by the department 6 20 within this ten-year period, the data shall be sealed ten 6 21 years after receipt of the subsequent report unless good cause 6 22 be shown why the data should remain open to authorized access. 6 23 However, such report and disposition data shall be made 6 24 available to the department of justice if the department 6 25 requests access to the alleged child abuse records for 6 26 purposes of review by the prosecutor's review committee or 6 27 commitment of sexually violent predators under chapter 229A. 6 28 b. Data sealed in accordance with this section shall be 6 29 expunged eight years after the date the data was sealed. 6 30 However, if the report data and the disposition data involve 6 31 child abuse as defined in section 232.68, subsection 2, 6 32 paragraphs "c" and "e", the data shall not be expunged for a 6 33 period of thirty years. Sealed data shall be made available 6 34 to the department of justice upon request if the prosecutor's 6 35 review committee is reviewing records or if a prosecuting 7 1 attorney has filed a petition to commit a sexually violent 7 2 predator under chapter 229A. 7 3 Sec. 14. EFFECTIVE DATE. This Act, being deemed of 7 4 immediate importance, takes effect upon enactment. 7 5 7 6 7 7 7 8 MARY E. KRAMER 7 9 President of the Senate 7 10 7 11 7 12 7 13 RON J. CORBETT 7 14 Speaker of the House 7 15 7 16 I hereby certify that this bill originated in the Senate and 7 17 is known as Senate File 216, Seventy-eighth General Assembly. 7 18 7 19 7 20 7 21 MICHAEL E. MARSHALL 7 22 Secretary of the Senate 7 23 Approved , 1999 7 24 7 25 7 26 7 27 THOMAS J. VILSACK 7 28 Governor
Text: SF00215 Text: SF00217 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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