Text: SSB01074 Text: SSB01076 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 229A.4, subsection 1, Code 1999, is 1 2 amended to read as follows: 1 3 1. If it appears that a person presently confined may be a 1 4 sexually violent predator and the prosecutor's review 1 5 committee has determined that the person meets the definition 1 6 of a sexually violent predator, the attorney general may file 1 7 a petition, within seventy-five days of the date the attorney1 8general received the written notice by the agency of1 9jurisdiction pursuant to section 229A.3,alleging that the 1 10 person is a sexually violent predator and stating sufficient 1 11 facts to support such an allegation. 1 12 Sec. 2. Section 229A.5, subsection 2, unnumbered paragraph 1 13 1, Code 1999, is amended to read as follows: 1 14 Within seventy-two hours after being taken into custody or 1 15 being transferred to an appropriate secure facility, a hearing 1 16 shall be held to determine whether probable cause exists to 1 17 believe the detained person is a sexually violent predator. 1 18 The hearing may be waived by the respondent. The hearing may 1 19 be continued upon the request of either party and a showing of 1 20 good cause, or by the court on its own motion in the due 1 21 administration of justice, and if the respondent is not 1 22 substantially prejudiced. At the probable cause hearing, the 1 23 detained person shall have the following rights: 1 24 Sec. 3. NEW SECTION. 229A.5A POWERS OF INVESTIGATIVE 1 25 PERSONNEL BEFORE A PETITION IS FILED. 1 26 1. The prosecuting attorney is authorized, before the 1 27 filing of a petition under this chapter, to subpoena and 1 28 compel the attendance of witnesses, examine the witnesses 1 29 under oath, and require the production of documentary evidence 1 30 for inspection, reproduction, or copying. Except as otherwise 1 31 provided by this section, the prosecuting attorney shall have 1 32 the same powers and limitations, subject to judicial oversight 1 33 and enforcement, as provided by this chapter and by the Iowa 1 34 rules of civil procedure. Any person compelled to appear 1 35 under a demand for oral testimony under this section may be 2 1 accompanied, represented, and advised by counsel at their own 2 2 expense. 2 3 2. The examination of all witnesses under this section 2 4 shall be conducted by the prosecuting attorney before an 2 5 officer authorized to administer oaths under section 63A.1. 2 6 The testimony shall be taken by a certified shorthand reporter 2 7 or by a sound recording device and shall be transcribed or 2 8 otherwise preserved in the same manner as provided for the 2 9 preservation of depositions under the Iowa rules of civil 2 10 procedure. The prosecuting attorney may exclude from the 2 11 examination all persons except the witness, witness's counsel, 2 12 the officer before whom the testimony is to be taken, law 2 13 enforcement officials, and a certified shorthand reporter. 2 14 Prior to oral examination, the person shall be advised by the 2 15 prosecuting attorney of the person's right to refuse to answer 2 16 any questions on the basis of the privilege against self- 2 17 incrimination. The examination shall be conducted in a manner 2 18 consistent with the rules dealing with the taking of 2 19 depositions. 2 20 Sec. 4. Section 229A.7, subsection 2, Code 1999, is 2 21 amended to read as follows: 2 22 2. Withinsixtyninety days after either the entry of the 2 23 order waiving the probable cause hearing or completion of the 2 24 probable cause hearing heldpursuant tounder section 229A.5, 2 25 the court shall conduct a trial to determine whether the 2 26 respondent is a sexually violent predator. The trial may be 2 27 continued upon the request of either party and a showing of 2 28 good cause, or by the court on its own motion in the due 2 29 administration of justice, and when the respondent will not be 2 30 substantially prejudiced. The respondent, the attorney 2 31 general, or the judge shall have the right to demand that the 2 32 trial be before a jury. Such demand for the trial to be 2 33 before a jury shall be filed, in writing, at leastfourten 2 34 days prior to trial. The number and selection of jurors shall 2 35 be determined as provided in chapter 607A. If no demand is 3 1 made, the trial shall be before the court. 3 2 Sec. 5. Section 229A.10, Code 1999, is amended to read as 3 3 follows: 3 4 229A.10 PETITION FOR DISCHARGE – PROCEDURE. 3 5 1. If the director of human services determines that the 3 6 person's mental abnormality has so changed that the person is 3 7 not likely to commit predatory acts or sexually violent 3 8 offenses if discharged, the director shall authorize the 3 9 person to petition the court for discharge. The petition 3 10 shall be served upon the court and the attorney general. The 3 11 court, upon receipt of the petition for discharge, shall order 3 12 a hearing within thirty days. The attorney general shall 3 13 represent the state, and shall have the right to have the 3 14 petitioner examined by an expert or professional person of the 3 15 attorney general's choice. The hearing shall be before a jury 3 16 if demanded by either the petitioner or the attorney general. 3 17 The burden of proof shall be upon the attorney general to show 3 18 beyond a reasonable doubt that the petitioner's mental 3 19 abnormality or personality disorder remains such that the 3 20 petitioner is not safe to be at large and that if discharged 3 21 is likely to commit predatory acts or sexually violent 3 22 offenses. 3 23 2. Upon a finding that the state has failed to meet its 3 24 burden of proof under this section, or a stipulation by the 3 25 state, the court shall authorize the release of the committed 3 26 person. Release may be ordered with or without supervision. 3 27 If supervised release is ordered, the department of human 3 28 services shall prepare a plan addressing the person's needs 3 29 for counseling, medication, community support services, 3 30 residential services, vocational services, alcohol and other 3 31 drug abuse treatment, and any other treatment or supervision 3 32 necessary. 3 33 Sec. 6. Section 235A.15, subsection 2, paragraph d, Code 3 34 1999, is amended by adding the following new subparagraph: 3 35 NEW SUBPARAGRAPH. (6) To the department of justice for 4 1 purposes of review by the prosecutor's review committee or the 4 2 commitment of sexually violent predators as provided in 4 3 chapter 229A. 4 4 Sec. 7. Section 235A.15, subsection 3, Code 1999, is 4 5 amended by adding the following new paragraph: 4 6 NEW PARAGRAPH. d. The department of justice for purposes 4 7 of review by the prosecutor's review committee or the 4 8 commitment of sexually violent predators as provided in 4 9 chapter 229A. 4 10 Sec. 8. Section 235A.15, subsection 4, Code 1999, is 4 11 amended by adding the following new paragraph: 4 12 NEW PARAGRAPH. d. The department of justice for purposes 4 13 of review by the prosecutor's review committee or the 4 14 commitment of sexually violent predators as provided in 4 15 chapter 229A. 4 16 Sec. 9. Section 235A.18, subsection 1, paragraphs a and b, 4 17 Code 1999, are amended to read as follows: 4 18 a. Report and disposition data relating to a particular 4 19 case of alleged child abuse shall be sealed ten years after 4 20 the initial placement of the data in the registry unless good 4 21 cause be shown why the data should remain open to authorized 4 22 access, or if the department of justice requests access to the 4 23 alleged child abuse records for purposes of review by the 4 24 prosecutor's review committee or commitment of sexually 4 25 violent predators under chapter 229A. If a subsequent report 4 26 of an alleged case of child abuse involving the child named in 4 27 the initial data placed in the registry as the victim of abuse 4 28 or a person named in the data as having abused a child is 4 29 received by the department within this ten-year period, the 4 30 data shall be sealed ten years after receipt of the subsequent 4 31 report unless good cause be shown why the data should remain 4 32 open to authorized access. 4 33 b. Data sealed in accordance with this section shall be 4 34 expunged eight years after the date the data was sealed. 4 35 However, if report data and disposition data involve child 5 1 abuse as defined in section 232.68, subsection 2, paragraphs 5 2 "c" and "e", the data shall not be expunged for period of 5 3 thirty years, and such data shall be made available upon the 5 4 request of the department of justice only when the 5 5 prosecutor's review committee is reviewing records or if a 5 6 prosecuting attorney has filed a petition to commit a sexually 5 7 violent predator under chapter 229A. 5 8 EXPLANATION 5 9 This bill amends Code chapter 229A regarding sexually 5 10 violent predators and Code sections 235A.15 and 235A.18 5 11 regarding child abuse recordkeeping. 5 12 The bill removes the 75-day filing requirement placed upon 5 13 the attorney general after receiving notice that a person may 5 14 meet the definition of a sexually violent predator. Existing 5 15 law requires an agency through the use of a multidisciplinary 5 16 committee to give notice to the attorney general if it appears 5 17 a person the agency has jurisdiction over may meet the 5 18 definition of a sexually violent predator and is within 90 5 19 days of being released. If the attorney general receives 5 20 notice, the attorney general's review committee currently has 5 21 75 days to determine if a petition should be filed to civilly 5 22 commit the person as a sexually violent predator. 5 23 The bill also provides the prosecuting attorney with full 5 24 investigative powers before a petition alleging a person is a 5 25 sexually violent predator is filed, such as issuing subpoenas 5 26 and taking depositions during the prosecutor's review process. 5 27 Current law requires that if a petition is filed, a person 5 28 accused of being a sexually violent predator must have a 5 29 probable cause hearing within 72 hours to determine if enough 5 30 evidence exists to proceed with the commitment. The bill 5 31 provides the probable cause hearing may be waived or continued 5 32 beyond the 72-hour limit if good cause is shown and the person 5 33 is not prejudiced. 5 34 After the probable cause hearing or after it is waived, a 5 35 trial must currently be held within 60 days to determine if a 6 1 person is a sexually violent predator. The bill changes the 6 2 time period within which the trial must be held from 60 days 6 3 to 90 days. 6 4 After a person has been civilly committed as a sexually 6 5 violent predator, if the director of human services determines 6 6 that the person will not likely commit another offense, the 6 7 director may petition the court for the person's release. If 6 8 a court or jury agrees with the director, the court is 6 9 authorized to release that person. The bill establishes a 6 10 supervised release program for persons who have been released 6 11 from a sexually violent predator commitment. The department 6 12 of human services is directed to prepare a supervision plan, 6 13 if the court determines supervised release is necessary. 6 14 The bill also provides the attorney general access to 6 15 certain child abuse records when determining whether to file a 6 16 petition alleging a person is a sexually violent predator or 6 17 for purposes of committing such a person. In addition, the 6 18 bill provides that some child abuse records not be sealed or 6 19 expunged to permit the attorney general to use the records for 6 20 purposes of the prosecutor's review committee's review of 6 21 records or for committing sexually violent predators. 6 22 LSB 1201DP 78 6 23 jm/gg/8
Text: SSB01074 Text: SSB01076 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Feb 4 03:31:22 CST 1999
URL: /DOCS/GA/78GA/Legislation/SSB/01000/SSB01075/990203.html
jhf