Text: HSB00662 Text: HSB00664 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 229A.1, unnumbered paragraph 2, Code 1 2 2001, is amended to read as follows: 1 3 The general assembly further finds that the prognosis for 1 4 rehabilitating sexually violent predators in a prison setting 1 5 is poor, because the treatment needs of this population are 1 6 very long-term, and the treatment modalities for this 1 7 population are very different from the traditional treatment 1 8 modalities available in a prison setting or for persons 1 9 appropriate for commitment under chapter 229. Therefore, the 1 10 general assembly finds that a civil commitment procedure for 1 11 the long-term care and treatment of the sexually violent 1 12 predator is necessary. The procedures regarding sexually 1 13 violent predators should reflect legitimate public safety 1 14 concerns, while providing treatment services designed to 1 15 benefit sexually violent predators who are civilly committed. 1 16 The procedures should also reflect the need to protect the 1 17 public, to respect the needs of the victims of sexually 1 18 violent offenses, and to encourage full meaningful 1 19 participation of sexually violent predators in treatment 1 20 programs. 1 21 Sec. 2. Section 229A.2, Code 2001, is amended by adding 1 22 the following new subsections: 1 23 NEW SUBSECTION. 2A. "Discharge" means an unconditional 1 24 discharge from the sexually violent predator program. A 1 25 person released from an appropriate secure facility in a 1 26 transitional release program or released with or without 1 27 supervision is not considered to be discharged. 1 28 NEW SUBSECTION. 2B. "Dual commitment" means simultaneous 1 29 commitment pursuant to this chapter, and chapter 125, 229, or 1 30 812, if the commitments are not inconsistent. 1 31 NEW SUBSECTION. 6A. "Safekeeper" means a person who is 1 32 confined in an appropriate secure facility pursuant to this 1 33 chapter but who is not subject to an order of commitment 1 34 pursuant to this chapter. 1 35 NEW SUBSECTION. 10. "Transitional release" means a 2 1 conditional release from a secure facility operated by the 2 2 department of human services with the conditions of such 2 3 release set by the court or the department of human services. 2 4 Sec. 3. Section 229A.2, subsection 5, Code 2001, is 2 5 amended to read as follows: 2 6 5. "Predatory" means acts directed toward a person with 2 7 whoma relationshipcontact or interaction has been 2 8 established or promoted for the primary purpose of 2 9victimizationmaking the person the object or victim of a 2 10 sexually violent offense. 2 11 Sec. 4. Section 229A.3, subsection 1, Code 2001, is 2 12 amended to read as follows: 2 13 1. When it appears that a person who is confined for any 2 14 public offense or pursuant to any court order or judgment may 2 15 meet the definition of a sexually violent predator, the agency 2 16 with jurisdiction shall give written notice to the attorney 2 17 general and the multidisciplinary team established in 2 18 subsection 4, no later than ninety days prior to any of the 2 19 following events: 2 20 a. The anticipated discharge or release of a person who 2 21 has been convicted of a sexually violent offense from total 2 22 confinement, except that in the case of a person who is 2 23 returned to prison for no more than ninety days as a result of 2 24 revocation of parole, written notice shall be given as soon as 2 25 practicable following the person's readmission to prison. 2 26 b. The discharge or release of a person who has been 2 27 charged with a sexually violent offense and who has been 2 28 determined to be incompetent to stand trial pursuant to 2 29 chapter 812. 2 30 c. The discharge or release of a person who has been found 2 31 not guilty by reason of insanity of a sexually violent 2 32 offense. 2 33 Sec. 5. Section 229A.4, subsection 1, Code 2001, is 2 34 amended to read as follows: 2 35 1. If it appears that a person presently confined for any 3 1 public offense or pursuant to any court order or judgment may 3 2 be a sexually violent predator and the prosecutor's review 3 3 committee has determined that the person meets the definition 3 4 of a sexually violent predator, the attorney general may file 3 5 a petition alleging that the person is a sexually violent 3 6 predator and stating sufficient factsto support such an3 7allegationin a supporting statement. 3 8 Sec. 6. Section 229A.4, subsection 2, unnumbered paragraph 3 9 1, Code 2001, is amended to read as follows: 3 10 A prosecuting attorney of the county in which the person 3 11 was convicted or charged, or the attorney general if requested 3 12 by the prosecuting attorney, may file a petition alleging that 3 13 a person is a sexually violent predator and stating sufficient 3 14 factsto support such an allegationin a supporting statement, 3 15 if it appears that a person who has committed a recent overt 3 16 act meets any of the following criteria: 3 17 Sec. 7. Section 229A.4, subsection 2, paragraph a, Code 3 18 2001, is amended to read as follows: 3 19 a. The person was convicted of a sexually violent offense 3 20 and has been discharged or released after the completion of 3 21 the sentence imposed for the offense. 3 22 Sec. 8. Section 229A.5, subsection 1, Code 2001, is 3 23 amended to read as follows: 3 24 1. INITIAL REVIEW. Upon filing of a petition under 3 25 section 229A.4, the court shallmake a preliminary3 26determination as to whether probable cause exists to believe3 27that the person named in the petition is a sexually violent3 28predatorconduct an initial review.Upon a preliminary3 29finding of probable cause, the court shall direct that the3 30person named in the petition be taken into custody and that3 31the person be served with a copy of the petition and any3 32supporting documentation and notice of the procedures required3 33by this chapter. If the person is in custody at the time of3 34the filing of the petition, the court shall determine whether3 35a transfer of the person to an appropriate secure facility is4 1appropriate pending the outcome of the proceedings or whether4 2the custody order should be delayed until the date of release4 3of the person.In determining whether facts exist which would 4 4 lead a reasonable person to believe the person named in the 4 5 petition is a sexually violent predator, the court may rely 4 6 upon the petition and the supporting statement filed by the 4 7 state. The state may amend the petition and supporting 4 8 statement at any time. The Iowa rules of evidence do not 4 9 apply to an initial review, and no hearing shall be required. 4 10 The purpose of the initial review is to determine the 4 11 following: 4 12 a. The respondent's identity. 4 13 b. Whether competent evidence presented in the petition 4 14 and accompanying supporting statement present sufficient facts 4 15 to lead a reasonable person to believe the respondent is a 4 16 sexually violent predator. 4 17 Sec. 9. Section 229A.5, subsections 2, 3, 4, and 5, Code 4 18 2001, are amended by striking the subsections and inserting in 4 19 lieu thereof the following: 4 20 2. INITIAL REVIEW FINDINGS. Upon a finding that facts 4 21 exist which would lead a reasonable person to believe the 4 22 person named in the petition is a sexually violent predator, 4 23 the court shall direct that the person named in the petition 4 24 be detained in an appropriate secure facility and that the 4 25 person be served with a copy of the petition and any 4 26 supporting statement and notice of the procedures required by 4 27 this chapter. If the safekeeper is in custody at the time of 4 28 the filing of the petition, the court shall determine whether 4 29 a transfer of the safekeeper to an appropriate secure facility 4 30 is appropriate pending the outcome of the proceedings or 4 31 whether the custody order should be delayed until the date of 4 32 release of the person. The court shall also do all of the 4 33 following: 4 34 a. Order an evaluation to determine whether the safekeeper 4 35 is a sexually violent predator. The evaluation shall be 5 1 conducted by a person deemed to be professionally qualified to 5 2 conduct such an examination. 5 3 b. Set a trial within ninety days of the filing of the 5 4 petition. 5 5 c. Appoint an attorney to represent the safekeeper if 5 6 indigency is determined pursuant to section 815.9 as provided 5 7 in section 229A.6. 5 8 3. OBJECTION TO FINDING AND HEARING. 5 9 a. The safekeeper may move to object to the finding of the 5 10 court in subsection 2 within seventy-two hours of notification 5 11 of the attorney for the safekeeper, or if an attorney has not 5 12 been retained or appointed, within seventy-two hours of the 5 13 court's finding. The attorney for the safekeeper shall have 5 14 access to all petitions and reports in the possession of the 5 15 court. The following objections may be raised regarding the 5 16 initial review findings: 5 17 (1) The person named in the petition is not the 5 18 safekeeper. 5 19 (2) The person alleged to have committed the sexually 5 20 violent offenses in the petition is not the safekeeper. 5 21 (3) Competent evidence was not presented to show that 5 22 sufficient facts exist which would lead a reasonable person to 5 23 believe that the safekeeper is a sexually violent predator. 5 24 b. If the safekeeper objects to the initial review 5 25 findings and requests a hearing, the safekeeper may call 5 26 witnesses at the safekeeper's expense, and the state may call 5 27 witnesses at state expense, including the safekeeper, to 5 28 address the issues of the objection. The safekeeper and the 5 29 state may cross-examine witnesses who testify at the hearing, 5 30 but a party shall not compel the other party to call 5 31 witnesses. 5 32 c. The rules of evidence do not apply to an initial review 5 33 hearing. 5 34 d. The burden of proof shall be on the safekeeper to 5 35 demonstrate that facts do not exist to support a finding which 6 1 would lead a reasonable person to believe the safekeeper is a 6 2 sexually violent predator. 6 3 e. Within seventy-two hours of the hearing, the court 6 4 shall issue its written findings as to whether sufficient 6 5 facts exist to support a finding which would lead a reasonable 6 6 person to believe the safekeeper is a sexually violent 6 7 predator. The court must make a specific written finding as 6 8 to whether sufficient facts exist or do not exist. If the 6 9 court fails to enter its written findings within seventy-two 6 10 hours of the hearing, either party may petition the supreme 6 11 court to order the district court to issue its findings. If 6 12 sufficient facts exist, the case shall proceed to trial. 6 13 However, if sufficient facts do not exist, the court shall 6 14 notify the parties immediately after issuing the ruling and 6 15 permit the state twenty-four hours to amend the petition and 6 16 supporting statement with additional facts to support the 6 17 filing of the petition. 6 18 f. The procedures for the hearing on the amended petition 6 19 shall be the same as provided in this section, except the 6 20 court shall issue its findings within twenty-four hours of the 6 21 hearing. If after the hearing on the amended petition the 6 22 court finds that sufficient facts still do not exist or that 6 23 the state did not allege additional facts to support its 6 24 amended petition, the court shall enter a final order of 6 25 dismissal unless an emergency appeal is filed by the state. 6 26 g. The state may make an immediate emergency appeal to the 6 27 supreme court, based upon whether sufficient facts exist to 6 28 support the petition or amended petition. The appeal shall be 6 29 de novo. 6 30 (1) If the supreme court finds that sufficient facts exist 6 31 to support the petition or amended petition, the case shall be 6 32 remanded to the district court for trial. 6 33 (2) If the supreme court finds that sufficient facts do 6 34 not exist to support the petition or amended petition, the 6 35 case shall be remanded to the district court for a final order 7 1 of dismissal. 7 2 h. The safekeeper shall remain confined until the petition 7 3 is dismissed by the state or the court enters a final order of 7 4 dismissal. 7 5 i. If the petition is dismissed, the safekeeper shall be 7 6 released but shall comply with any requirements to register as 7 7 a sex offender as provided in chapter 692A. 7 8 j. A finding in an initial review hearing is not a final 7 9 judgment. 7 10 k. The safekeeper may request a continuance of a hearing 7 11 under this section for good cause shown. Any continuance 7 12 granted does not necessarily continue the trial date. 7 13 l. The safekeeper may raise additional objections in other 7 14 pretrial motions as provided in the Iowa rules of civil 7 15 procedure. Failure to object to the findings of an initial 7 16 review pursuant to this section does not constitute a waiver 7 17 of those objections. 7 18 Sec. 10. Section 229A.5B, Code Supplement 2001, is amended 7 19 to read as follows: 7 20 229A.5B ESCAPE FROM CUSTODY. 7 21 1. Arespondentperson who isin custodydetained pursuant 7 22 to section 229A.5 or is subject to an order of civil 7 23 commitment under this chapter shall remain in custody unless 7 24 released by court order or discharged under section 229A.8 or 7 25 229A.10. A person who has been placed in a transitional 7 26 release program or who is under release with or without 7 27 supervision is considered to be in custody. Arespondent7 28 person in custody under this chapter shall not do any of the 7 29 following: 7 30 a. Leave or attempt to leave a facility without the 7 31 accompaniment of authorized personnel or leave or attempt to 7 32 leave a facility without authorization. 7 33 b. Knowingly and voluntarily be absent from a place where 7 34 therespondentperson is required to be present. 7 35 c. Leave or attempt to leave the custody of personnel 8 1 transporting or guarding therespondentperson while the 8 2respondentperson is away from a facility. 8 3 2. Arespondentperson who violates subsection 1 commits a 8 4 simple misdemeanor or may be subject to punishment for 8 5 contempt.If the respondent pleads guilty to, or is convicted8 6of, an offense under this section, or is found in contempt, or8 7both, and is sentenced to a term of confinement, the civil8 8commitment proceedings or treatment process may be stayed by8 9court order until the term of confinement is served by the8 10respondent.8 11 3. If arespondentperson commits a violation of 8 12 subsection 1 and remains unconfined, the attorney general or 8 13 the chief law enforcement officer of the political subdivision 8 14 where the violation occurs may make a public announcement that 8 15 therespondentperson is unconfined and may provide relevant 8 16 information about therespondentperson to the community. The 8 17 attorney general may also notify a victim or the family of a 8 18 victim of therespondentperson that therespondentperson is 8 19 unconfined. 8 20 4. This section shall not be construed to prohibit the use 8 21 ofthe interstate compact on mental health as provided in8 22chapter 221other lawful means for the return of the person. 8 23 Sec. 11. NEW SECTION. 229A.5C CRIMINAL OFFENSES 8 24 COMMITTED WHILE DETAINED OR SUBJECT TO AN ORDER OF COMMITMENT. 8 25 1. If a person who is detained pursuant to section 229A.5 8 26 or who is subject to an order of civil commitment under this 8 27 chapter commits a public offense, the civil commitment 8 28 proceedings or treatment process shall be suspended until the 8 29 criminal proceedings, including any term of confinement, are 8 30 completed. The person shall also not be eligible for bail 8 31 pursuant to section 811.1. 8 32 2. Upon the filing of a complaint, indictment, or 8 33 information, the person shall be transferred to the county 8 34 jail in the county where the public offense occurred until the 8 35 criminal proceedings have been completed. If the person is 9 1 sentenced to a term of confinement in a county jail, the 9 2 person shall serve the sentence at the county jail. If the 9 3 person is sentenced to the custody of the director of the 9 4 department of corrections, the person shall serve the sentence 9 5 at a correctional institution. 9 6 3. A person shall not be released from jail or paroled or 9 7 released to a facility or program located outside the county 9 8 jail or correctional institution other than to a secure 9 9 facility operated by the department of human services. 9 10 4. A person who committed a public offense while in a 9 11 transitional release program or on release with or without 9 12 supervision may be returned to a secure facility operated by 9 13 the department of human services upon completion of any term 9 14 of confinement that resulted from the commission of the public 9 15 offense. 9 16 5. If the civil commitment proceedings for a person are 9 17 suspended due to the commission of a public offense by the 9 18 person, the ninety-day trial demand lapses. Upon completion 9 19 of any term of confinement that resulted from the commission 9 20 of the public offense, a new ninety-day trial demand 9 21 automatically begins. 9 22 Sec. 12. NEW SECTION. 229A.5D MEDICAL TREATMENT. 9 23 A safekeeper is entitled to necessary medical treatment. 9 24 Sec. 13. Section 229A.6, subsection 2, Code 2001, is 9 25 amended to read as follows: 9 26 2. If a respondent is not indigent and is subjected to an 9 27 examination under this chapter, the respondent may retain 9 28 experts or professional persons to perform an independent 9 29 examination on the respondent's behalf.If the respondent9 30wishes to be examined by a qualified expert or professional9 31person of the respondent's own choice, the examiner of the9 32respondent's choice shall be given reasonable access to the9 33respondent for the purpose of the examination, as well as9 34access to all relevant medical and psychological records and9 35reportsIf the respondent retains an expert or professional 10 1 person, the respondent shall notify the state that an 10 2 examination is being performed while in custody. 10 3 3. If the respondent is indigent, the court, upon the 10 4 respondent's request, shall determine whether the services are 10 5 necessary and the reasonable compensation for the services. 10 6 If the court determines that the services are necessary and 10 7 the requested compensation for the services is reasonable, the 10 8 court shall assist the respondent in obtaining an expert or 10 9 professional person to perform an examination or participate 10 10 in the trial on the respondent's behalf. The court shall 10 11 approve payment for such services upon the filing of a 10 12 certified claim for compensation supported by a written 10 13 statement specifying the time expended, services rendered, 10 14 expenses incurred on behalf of the respondent, and 10 15 compensation received in the same case or for the same 10 16 services from any other source. However, the respondent shall 10 17 reimburse the state for the expenses and compensation of the 10 18 expert or professional as provided in section 815.9. 10 19 4. The expert or professional shall be given reasonable 10 20 access to the respondent for the purpose of the examination, 10 21 as well as access to all relevant medical and psychological 10 22 records and reports. An attorney for the state or the 10 23 respondent shall not be present during any examination of the 10 24 respondent while the respondent is in custody. 10 25 Sec. 14. NEW SECTION. 229A.6A TRANSPORT ORDERS. 10 26 1. A person who has been detained prior to trial pursuant 10 27 to section 229A.5 or who has been civilly committed may be 10 28 transported for the following purposes: 10 29 a. To trial and any other court proceedings if the court 10 30 has authorized a transport order. A transport order may only 10 31 be requested by the court, the person's attorney, or the 10 32 attorney general. Transportation shall be provided by the 10 33 sheriff of the county in which the action has been brought, 10 34 unless the court specifies otherwise or the parties agree to a 10 35 different transportation arrangement. If a transport order is 11 1 not authorized, the person may appear at any court proceedings 11 2 other than trial by telephone or electronic means. 11 3 b. To a medical facility for medical treatment, if 11 4 necessary medical treatment is not available at the facility 11 5 where the person is confined. A transport order is not 11 6 required to transport the person for medical treatment. 11 7 However, the person is not entitled to choose the medical 11 8 facility where treatment is to be obtained or the medical 11 9 personnel to provide the treatment. Transportation shall be 11 10 provided by the sheriff of the county in which the person is 11 11 confined. 11 12 c. To a medical, psychological, or psychiatric evaluation. 11 13 A person shall not be transported to another facility for 11 14 evaluation without a court order. When a transportation order 11 15 is requested under this paragraph, notice must be provided to 11 16 the opposing party, and the opposing party must be given a 11 17 reasonable amount of time to object to the issuance of such an 11 18 order. The cost of the transportation shall be paid by the 11 19 party who requests the order. 11 20 d. To a facility for placement in a transitional release 11 21 program or for release with or without supervision. A 11 22 transport order is not required under this paragraph. 11 23 Transportation shall be provided by the department of human 11 24 services. 11 25 2. This section shall not be construed to grant a person 11 26 the right to personally appear at all court proceedings under 11 27 this chapter. 11 28 Sec. 15. Section 229A.7, subsection 2, Code 2001, is 11 29 amended to read as follows: 11 30 2.Within ninety days after either the entry of the order11 31waiving the probable cause hearing or completion of the11 32probable cause hearing held under section 229A.5, the court11 33shall conduct a trial to determine whether the respondent is a11 34sexually violent predator.The respondent or the attorney for 11 35 the respondent may waive the ninety-day trial requirement as 12 1 provided in section 229A.5; however, the respondent or the 12 2 attorney for the respondent may reassert a demand and the 12 3 trial shall be held within ninety days from the date of filing 12 4 the demand with the clerk of court. The trial may be 12 5 continued upon the request of either party and a showing of 12 6 good cause, or by the court on its own motion in the due 12 7 administration of justice, and when the respondent will not be 12 8 substantially prejudiced. In determining what constitutes 12 9 good cause, the court shall consider the length of the 12 10 pretrial detention of the respondent. 12 11 2A. The respondent, the attorney general, or the judge 12 12 shall have the right to demand that the trial be before a 12 13 jury. Such demand for the trial to be before a jury shall be 12 14 filed, in writing, at least ten days prior to trial.The12 15number and selection of jurors shall be determined as provided12 16in chapter 607A.If no demand is made, the trial shall be 12 17 before the court. Except as otherwise provided, the Iowa 12 18 rules of evidence and the Iowa rules of civil procedure shall 12 19 apply to all civil commitment proceedings initiated pursuant 12 20 to this chapter. 12 21 Sec. 16. Section 229A.7, Code 2001, is amended by adding 12 22 the following new subsections: 12 23 NEW SUBSECTION. 2B. Evidence regarding prior sexually 12 24 violent offenses committed by the respondent, whether charges 12 25 were filed or not filed, including the facts and circumstances 12 26 of the prior offenses, is relevant and probative of a risk to 12 27 reoffend, and of a mental abnormality, and shall be admitted 12 28 into evidence at trial. The evidence may be presented in 12 29 document form, including but not limited to initial review 12 30 transcripts, trial transcripts, probation and sentencing 12 31 reports, and evaluations by a mental health expert. Any Iowa 12 32 rule of evidence in contravention of this subsection is void 12 33 when applied to a civil commitment proceeding under this 12 34 chapter. 12 35 NEW SUBSECTION. 2C. Testimony by the victim of a prior 13 1 sexually violent offense committed by the respondent, or by 13 2 witnesses to prior sexually violent offenses committed by the 13 3 respondent, whether criminal charges were filed or not filed, 13 4 is relevant and probative of a risk to reoffend and of a 13 5 mental abnormality, even if the respondent did not admit to 13 6 the conduct of the prior offense, and is admissible at trial. 13 7 Testimonial evidence may be presented by telephone or 13 8 electronic means, by videotape, or by prior sworn testimony. 13 9 Evidence of a victim's past sexual behavior is not admissible. 13 10 Any Iowa rule of evidence in contravention of this subsection 13 11 is void when applied to a civil commitment proceeding under 13 12 this chapter. 13 13 Sec. 17. Section 229A.7, subsections 3, 4, and 5, Code 13 14 2001, are amended to read as follows: 13 15 3. At trial, the court or jury shall determine whether, 13 16 beyond a reasonable doubt, the respondent is a sexually 13 17 violent predator and there shall be no presumption to commit 13 18 or not to commit. If thedetermination that the respondent is13 19a sexually violent predator is made by a jury, the13 20determinationcase is before a jury, the verdict shall beby13 21 unanimousverdict of such jurythat the respondent is a 13 22 sexually violent predator. 13 23 If the court or jury determines that the respondent is a 13 24 sexually violent predator, the respondent shall be committed 13 25 to the custody of the director of the department of human 13 26 services for control, care, and treatment until such time as 13 27 the person's mental abnormality has so changed that the person 13 28 is safe to beat largeplaced in a transitional release 13 29 program or discharged. The determination may be appealed. 13 30 4. The control, care, and treatment of a person determined 13 31 to be a sexually violent predator shall be provided at a 13 32 facility operated by the department of human services. At all 13 33 times prior to placement in a transitional release program or 13 34 release with or without supervision, persons committed for 13 35 control, care, and treatment by the department of human 14 1 services pursuant to this chapter shall be kept in a secure 14 2 facility and those patients shall be segregated at all times 14 3 from any other patient under the supervision of the department 14 4 of human services. A person committed pursuant to this 14 5 chapter to the custody of the department of human services may 14 6 be kept in a facility or building separate from any other 14 7 patient under the supervision of the department of human 14 8 services. The department of human services may enter into a 14 9 chapter 28E agreement with the department of corrections or 14 10 other appropriate agency in this state or another state for 14 11 the confinement of patients who have been determined to be 14 12 sexually violent predators. Patients who are in the 14 13confinementcustody of the director of the department of 14 14 corrections pursuant to a chapter 28E agreement and who have 14 15 not been placed in a transitional release program or released 14 16 with or without supervision shall be housed and managed 14 17 separately from criminal offenders in the custody of the 14 18 director of the department of corrections, and except for 14 19 occasional instances of supervised incidental contact, shall 14 20 be segregated from those offenders. 14 21 5. If the court makes the determination or the juryis not14 22satisfied beyond a reasonable doubtdetermines by a unanimous 14 23 verdict that the respondent is not a sexually violent 14 24 predator, the court shall direct the respondent's release. 14 25 Upon release, the respondent shall comply with any 14 26 requirements to register as a sex offender as provided in 14 27 chapter 692A. Upon a mistrial, the court shall direct that 14 28 the respondent be held at an appropriate secure facility until 14 29 another trial is conducted. Any subsequent trial following a 14 30 mistrial shall be held within ninety days of the previous 14 31 trial, unless such subsequent trial is continued or the ninety 14 32 days are waived as provided in subsection 2. 14 33 Sec. 18. NEW SECTION. 229A.7A DUAL COMMITMENT. 14 34 1. Civil commitment proceedings and control, care, and 14 35 treatment pursuant to this chapter shall have priority for the 15 1 purpose of treatment over commitments pursuant to chapter 125, 15 2 229, or 812. 15 3 2. Commitment proceedings pursuant to chapter 125, 229, or 15 4 812 may be initiated against a person who is detained pursuant 15 5 to section 229A.5 or subject to an order of civil commitment 15 6 under this chapter. Commitment proceedings pursuant to 15 7 chapter 125, 229, or 812 may be initiated at any time after 15 8 the filing of a petition pursuant to section 229A.4, including 15 9 during the trial, during transitional release, or release with 15 10 or without supervision. 15 11 3. If a person is subject to a dual commitment, the person 15 12 may receive appropriate services pursuant to chapter 125, 229, 15 13 or 812 as long as the services are consistent with the 15 14 purposes of this chapter. 15 15 4. The director of human services shall coordinate the 15 16 payment of costs for control, care, and treatment of a person 15 17 under a dual commitment. If services pursuant to chapter 125, 15 18 229, or 812 have been provided to a person who is under a dual 15 19 commitment, the services shall be paid for as provided in that 15 20 chapter. 15 21 5. An attorney appointed to represent a person under this 15 22 chapter shall not represent the person in a dual commitment 15 23 proceeding pursuant to chapter 125, 229, or 812. 15 24 6. For purposes of this chapter, venue for a dual 15 25 commitment proceeding pursuant to chapter 125, 229, or 812 15 26 shall be in the county where the petition pursuant to section 15 27 229A.4 is filed. 15 28 7. No other action may be joined with a dual commitment 15 29 proceeding. 15 30 Sec. 19. Section 229A.8, Code 2001, is amended to read as 15 31 follows: 15 32 229A.8 ANNUAL EXAMINATIONS,AND REVIEW – DISCHARGE OR 15 33 TRANSITIONAL RELEASE PETITIONS BY PERSONS COMMITTED. 15 34 1. Upon civil commitment of a person pursuant to this 15 35 chapter, a rebuttable presumption exists that the commitment 16 1 should continue. The presumption may be rebutted when facts 16 2 exist to warrant a hearing to determine whether a committed 16 3 person no longer suffers from a mental abnormality which makes 16 4 the person likely to engage in predatory acts constituting 16 5 sexually violent offenses if not confined in a secure 16 6 facility, or the committed person is suitable for placement in 16 7 a transitional release program. 16 81.2.EachA person committed under this chapter shall 16 9 have a current examination of the person's mental abnormality 16 10 made once every year. The person may retain, or if the person 16 11 is indigent and so requests, the court may appoint a qualified 16 12 expert or professional person to examine such person, and such 16 13 expert or professional person shall be given access to all 16 14 records concerning the person. 16 152.3. The annual report shall be provided to the court 16 16 that committed the person under this chapter. The court shall 16 17 conduct an annual review andprobable cause, if warranted, set 16 18 a final hearing on the status of the committed person. The 16 19 annual review may be based only on written records. 16 203.4. Nothing contained in this chapter shall prohibit the 16 21 person from otherwise petitioning the court for discharge or 16 22 placement in a transitional release program at theprobable16 23cause hearingannual review. The director of human services 16 24 shall provide the committed person with an annual written 16 25 notice of the person's right to petition the court for 16 26 discharge or placement in a transitional release program over 16 27 the director's objection. The notice shall contain a waiver 16 28 of rights. The director shall forward the notice and waiver 16 29 form to the court with the annual report. 16 304.5. The following provisions apply to an annual review: 16 31 a. The committed person shall have a right to have an 16 32 attorney represent the personat the probable cause hearing16 33 but the person is not entitled to be present at the hearing, 16 34 if a hearing is held.If the court at the hearing determines16 35that probable cause exists to believe that the person's17 1 b. The Iowa rules of evidence do not apply. 17 2 c. The committed person may waive an annual review or may 17 3 stipulate that the commitment should continue for another 17 4 year. 17 5 d. The court shall review the annual report of the state 17 6 and the report of any qualified expert or professional person 17 7 retained by or appointed for the committed person and may 17 8 receive arguments from the attorney general and the attorney 17 9 for the committed person if either requests a hearing. The 17 10 request for a hearing must be in writing, within ten days of 17 11 the filing of the notice of annual review, or on motion by the 17 12 court. Such a hearing may be conducted in writing without any 17 13 attorneys present. 17 14 e. The burden is on the committed person to show by a 17 15 preponderance of the evidence that there is competent evidence 17 16 which would lead a reasonable person to believe a final 17 17 hearing should be held to determine either of the following: 17 18 (1) The mental abnormality of the committed person has so 17 19 changed that the person issafe to be at large and willnot 17 20 likely to engage in predatory actsorconstituting sexually 17 21 violent offenses if discharged, then the court shall set a17 22final hearing on the issue. 17 23 (2) The committed person is suitable for placement in a 17 24 transitional release program pursuant to section 229A.8A. 17 25 If the committed person shows by a preponderance of the 17 26 evidence that a final hearing should be held on either 17 27 determination under subparagraph (1) or (2), or both, the 17 28 court shall set a final hearing within sixty days of the 17 29 determination that a final hearing be held. 17 30 f. If at the time for the annual review the committed 17 31 person has filed a petition for discharge or placement in a 17 32 transitional release program with authorization from the 17 33 director of human services, the court shall set a final 17 34 hearing within ninety days of the authorization by the 17 35 director, and no annual review shall be held. 18 1 g. If the committed person has not filed a petition, or 18 2 has filed a petition for discharge or for placement in a 18 3 transitional release program without authorization from the 18 4 director of human services, the court shall first conduct the 18 5 annual review as provided in this subsection. 18 6 h. Any petition can summarily be dismissed by the court as 18 7 provided in section 229A.11. 18 8 i. If at the time of the annual review the committed 18 9 person is in a secure facility and not in the transitional 18 10 release program, the state shall have the right to demand that 18 11 both determinations in paragraph "c" be submitted to the court 18 12 or jury. 18 13 5.At the final hearing, theThe following provisions 18 14 shall apply to a final hearing: 18 15 a. The committed person shall be entitled tobe presentan 18 16 attorney and is entitled to the benefit of all constitutional 18 17 protections that were afforded the person at the original 18 18 commitment proceeding. Theattorney general shall represent18 19the state and shall have a right to a jury trial and to have18 20the committed person evaluated by experts chosen by the state18 21 committed person shall be entitled to a jury trial, if such a 18 22 demand is made in writing and filed with the clerk of court at 18 23 least ten days prior to the final hearing. 18 24 b. The committed person shallalsohave the right to have 18 25 experts evaluate the person on the person's behalf. The court 18 26 shall appoint an expert if the person is indigent and requests 18 27 an appointment. 18 28 c. The attorney general shall represent the state and 18 29 shall have a right to demand a jury trial. The jury demand 18 30 shall be filed, in writing, at least ten days prior to the 18 31 final hearing. 18 32 d. The burden of proof at the final hearing shall be upon 18 33 the state to prove beyond a reasonable doubtthat theeither 18 34 of the following: 18 35 (1) The committed person's mental abnormalityor19 1personality disorderremains such that the personis not safe19 2to be at large and if dischargedis likely to engage inacts19 3of sexual violencepredatory acts that constitute sexually 19 4 violent offenses if discharged. 19 5 (2) The committed person is not suitable for placement in 19 6 a transitional release program pursuant to section 229A.8A. 19 7 e. If the case is submitted to a jury, the verdict of the 19 8 jury must be unanimous as to whether to discharge the person 19 9 or to place the person in a transitional program. 19 10 f. If a mistrial is declared, the confinement or placement 19 11 status of the committed person shall not change. After a 19 12 mistrial has been declared, a new trial must be held within 19 13 ninety days of the mistrial. 19 14 6. The state and the committed person may stipulate to a 19 15 transfer to a transitional release program if the court 19 16 approves the stipulation. 19 17 Sec. 20. NEW SECTION. 229A.8A TRANSITIONAL RELEASE. 19 18 1. The department of human services is authorized to 19 19 establish a transitional release program and provide control, 19 20 care, and treatment, and supervision of committed persons 19 21 placed in such a program. 19 22 2. A committed person is suitable for placement in the 19 23 transitional release program if all of the following apply: 19 24 a. The committed person's mental abnormality is no longer 19 25 such that the person is a high risk to reoffend. 19 26 b. The committed person has achieved and demonstrated 19 27 significant insights into the person's sex offending cycle. 19 28 c. The committed person has accepted responsibility for 19 29 past behavior and understands the impact sexually violent 19 30 crimes have upon a victim. 19 31 d. A detailed relapse prevention plan has been developed 19 32 and accepted which is appropriate for the committed person's 19 33 mental abnormality and sex offending history. 19 34 e. No major discipline reports have been issued for the 19 35 committed person for a period of one year. 20 1 f. The committed person is not likely to escape or attempt 20 2 to escape custody pursuant to section 229A.5B. 20 3 g. The committed person is not likely to commit acts 20 4 constituting sexually violent offenses while in the program. 20 5 h. The placement is in the best interest of the committed 20 6 person. 20 7 i. The committed person has demonstrated a willingness to 20 8 agree to and abide by all rules of the program. 20 9 3. If the committed person does not agree to the 20 10 conditions of release, the person is not eligible for the 20 11 transitional release program. 20 12 4. For purposes of registering as a sex offender under 20 13 chapter 692A, a person placed in the transitional release 20 14 program shall be classified a "high-risk" sex offender and 20 15 public notification shall be as provided in section 692A.13A, 20 16 subsection 2. A committed person who refuses to register as a 20 17 sex offender is not eligible for placement in a transitional 20 18 release program. 20 19 5. Committed persons in the transitional release program 20 20 are not necessarily required to be segregated from other 20 21 persons. 20 22 6. The department of human services shall be responsible 20 23 for establishing and implementing the rules and directives 20 24 regarding the location of the transitional release program, 20 25 staffing needs, restrictions on confinement and the movement 20 26 of committed persons, and for assessing the progress of 20 27 committed persons in the program. The court may also impose 20 28 conditions on a committed person placed in the program. 20 29 7. The department of human services may contract with 20 30 other government or private agencies, including the department 20 31 of corrections, to implement and administer the transitional 20 32 release program. 20 33 Sec. 21. NEW SECTION. 229A.8B VIOLATIONS OF TRANSITIONAL 20 34 RELEASE. 20 35 1. The treatment staff in a transitional release program 21 1 may remove the committed person from the program for a 21 2 violation of any rule or directive, and return the person to a 21 3 secure facility. The treatment staff may request the district 21 4 court to issue an emergency ex parte order directing any law 21 5 enforcement officer to take the committed person into custody 21 6 so that the person can be returned to a secure facility. The 21 7 request for an ex parte order may be made orally or by 21 8 telephone, but the original written request or a facsimile 21 9 copy of the original request shall be filed with the clerk of 21 10 court no later than four-thirty p.m. on the next business day 21 11 the office of the clerk of court is open. 21 12 2. If a committed person absconds from a transitional 21 13 release program in violation of the rules or directives, a 21 14 presumption arises that the person poses a risk to public 21 15 safety. The department of human services, in cooperation with 21 16 local law enforcement agencies, may make a public announcement 21 17 about the absconder. The public announcement may include a 21 18 description of the committed person, that the person is in 21 19 transitional release from the sexually violent predator 21 20 program, and any other information important to public safety. 21 21 3. Upon the return of the committed person to a secure 21 22 facility, the director of human services or the director's 21 23 designee shall notify the court that issued the ex parte order 21 24 that the absconder has been returned to a secure facility, and 21 25 the court shall set a hearing within five days to determine if 21 26 a violation occurred. If a court order was not issued, the 21 27 director or the director's designee shall contact the nearest 21 28 district court with jurisdiction to set a hearing to determine 21 29 whether a violation of the rules or directives occurred. The 21 30 court shall schedule a hearing within five days of receiving 21 31 notice that the committed person has been returned from the 21 32 transitional release program to a secure facility. 21 33 4. At the hearing the burden shall be upon the attorney 21 34 general to show by a preponderance of the evidence that a 21 35 violation of the rules or directives occurred. The hearing 22 1 shall be to the court. 22 2 5. If the court determines a violation occurred, the court 22 3 shall either order the committed person to be returned to the 22 4 transitional release program or to be confined in a secure 22 5 facility. The court may impose further conditions upon the 22 6 committed person if returned to the transitional release 22 7 program. If the court determines no violation occurred, the 22 8 committed person shall be returned to the transitional release 22 9 program. 22 10 Sec. 22. NEW SECTION. 229A.9A RELEASE WITH SUPERVISION. 22 11 1. In any proceeding under section 229A.8, the court may 22 12 order the committed person released from a secure facility 22 13 with or without supervision if any of the following apply: 22 14 a. The state stipulates to the release with or without 22 15 supervision. 22 16 b. The court or jury has determined that the person should 22 17 be discharged from the program, but the court has determined 22 18 it is in the best interest of the community to order release 22 19 with or without supervision before the committed person is 22 20 discharged. 22 21 2. If release with or without supervision is ordered, the 22 22 department of human services shall prepare within thirty days 22 23 of the order of the court a release plan addressing the 22 24 person's needs for counseling, medication, community support 22 25 services, residential services, vocational services, alcohol 22 26 or other drug abuse treatment, sex offender treatment, or any 22 27 other treatment or supervision necessary. 22 28 3. The court shall set a hearing on the release plan 22 29 prepared by the department of human services before the 22 30 committed person is released from a secure facility or a 22 31 transitional release program. 22 32 4. If the court orders release with supervision, the court 22 33 shall order supervision by an agency with jurisdiction that is 22 34 familiar with the placement of criminal offenders in the 22 35 community. The agency with jurisdiction shall be responsible 23 1 for initiating proceedings for violations of the release plan 23 2 as provided in section 229A.9B. If the court orders release 23 3 without supervision, the agency with jurisdiction shall also 23 4 be responsible for initiating proceedings for any violations 23 5 of the release plan as provided in section 229A.9B. 23 6 5. A committed person may not petition the court for 23 7 release with or without supervision. 23 8 6. A committed person released with or without supervision 23 9 is not considered discharged from civil commitment under this 23 10 chapter. 23 11 7. After being released with or without supervision, the 23 12 person may petition the court for discharge as provided in 23 13 section 229A.8. 23 14 Sec. 23. NEW SECTION. 229A.9B VIOLATIONS OF RELEASE WITH 23 15 OR WITHOUT SUPERVISION. 23 16 1. If a committed person violates the release plan, the 23 17 agency with jurisdiction over the person may request the 23 18 district court to issue an emergency ex parte order directing 23 19 any law enforcement officer to take the person into custody so 23 20 that the person can be returned to a secure facility. The 23 21 request for an ex parte order may be made orally or by 23 22 telephone, but the original written request or a facsimile 23 23 copy of the request shall be filed with the clerk of court no 23 24 later than four-thirty p.m. on the next business day the 23 25 office of the clerk of court is open. 23 26 2. If a committed person has absconded in violation of the 23 27 conditions of the person's release plan, a presumption arises 23 28 that the person poses a risk to public safety. The department 23 29 of human services, in cooperation with local law enforcement 23 30 agencies, may make a public announcement about the absconder. 23 31 The public announcement may include a description of the 23 32 committed person, that the committed person is on release with 23 33 or without supervision from the sexually violent predator 23 34 program, and any other information pertinent to public safety. 23 35 3. Upon the return of the committed person to a secure 24 1 facility, the director of human services or the director's 24 2 designee shall notify the court that issued the ex parte order 24 3 that the committed person has been returned to a secure 24 4 facility, and the court shall set hearing within five days to 24 5 determine if a violation occurred. If a court order was not 24 6 issued, the director or the director's designee shall contact 24 7 the nearest district court with jurisdiction to set a hearing 24 8 to determine whether a violation of the conditions of the 24 9 release plan occurred. The court shall schedule a hearing 24 10 within five days of receiving notice that the committed person 24 11 has been returned to a secure facility. 24 12 4. At the hearing the burden shall be upon the attorney 24 13 general to show by a preponderance of the evidence that a 24 14 violation of the release plan occurred. 24 15 5. If the court determines a violation occurred, the court 24 16 shall either order that the committed person be returned to 24 17 release with or without supervision or placed in a 24 18 transitional release program, or be confined in a secure 24 19 facility. The court may impose further conditions upon the 24 20 committed person if returned to release with or without 24 21 supervision or placed in the transitional release program. If 24 22 the court determines no violation occurred, the committed 24 23 person shall be returned to release with or without 24 24 supervision. 24 25 Sec. 24. Section 229A.10, Code 2001, is amended to read as 24 26 follows: 24 27 229A.10 PETITION FOR DISCHARGE – PROCEDURE. 24 28 1. If the director of human services determines that the 24 29 person's mental abnormality has so changed that the person is 24 30 not likely to commit predatory acts or sexually violent 24 31 offenses if discharged, the director shall authorize the 24 32 person to petition the court for discharge. The petition 24 33 shall be served upon the court and the attorney general. The 24 34 court, upon receipt of the petition for discharge, shall order 24 35 a hearing within thirty days. The attorney general shall 25 1 represent the state, and shall have the right to have the 25 2 petitioner examined by an expert or professional person of the 25 3 attorney general's choice. The hearing shall be before a jury 25 4 if demanded by either the petitioner or the attorney general. 25 5 The burden of proof shall be upon the attorney general to show 25 6 beyond a reasonable doubt that the petitioner's mental 25 7 abnormality or personality disorder remains such that the 25 8 petitioneris not safe to be at large and that if discharged25 9 is likely tocommitengage in predatory actsor sexually25 10violentthat constitute sexually violent offenses if 25 11 discharged. 25 12 2. Upon a finding that the state has failed to meet its 25 13 burden of proof under this section,or a stipulation by the25 14state,the court shall authorizethe release ofthe committed 25 15 person to be discharged.Release may be ordered with or25 16without supervision. If supervised release is ordered, the25 17department of human services shall prepare a plan addressing25 18the person's needs for counseling, medication, community25 19support services, residential services, vocational services,25 20alcohol and other drug abuse treatment, and any other25 21treatment or supervision necessary. If the court orders the25 22release of the committed person with supervision, the court25 23shall order supervision by an agency with jurisdiction that is25 24familiar with the placement of criminal offenders in the25 25community.25 26 Sec. 25. Section 229A.11, Code 2001, is amended to read as 25 27 follows: 25 28 229A.11 SUBSEQUENT DISCHARGE PETITIONS,– LIMITATIONS. 25 29 Nothing in this chapter shall prohibit a person from filing 25 30 a petition for discharge or placement in a transitional 25 31 release program, pursuant to this chapter. However, if a 25 32 person has previously filed a petition for discharge or for 25 33 placement in a transitional release program without the 25 34 authorization of the director of human services, and the court 25 35 determines either upon review of the petition or following a 26 1 hearing that the petition was frivolous or that the 26 2 petitioner's condition had not so changed that the person was 26 3safe to be at largenot likely to engage in predatory acts 26 4 constituting sexually violent offenses if discharged, or was 26 5 not suitable for placement in the transitional release 26 6 program, then the court shall summarily deny the subsequent 26 7 petition unless the petition contains facts upon which a court 26 8 could find the condition of the petitioner had so changed that 26 9 a hearing was warranted. Upon receipt of a first or 26 10 subsequent petition from a committed person without the 26 11 director's authorization, the court shall endeavor whenever 26 12 possible to review the petition and determine if the petition 26 13 is based upon frivolous grounds. If the court determines that 26 14 a petition is frivolous, the court shalldenydismiss the 26 15 petition without a hearing. 26 16 Sec. 26. Section 229A.12, Code 2001, is amended to read as 26 17 follows: 26 18 229A.12 DIRECTOR OF HUMAN SERVICES – RESPONSIBILITY FOR 26 19 COSTS – REIMBURSEMENT. 26 20 The director of human services shall be responsible for all 26 21 costs relating to the evaluation, treatment, and services 26 22 provided to persons committed to the director's custody after 26 23 the court or jury determines that the respondent is a sexually 26 24 violent predator and pursuant to commitment under any 26 25 provision of this chapter. If placement in a transitional 26 26 release program or supervision is orderedpursuant to section26 27229A.10, the director shall also be responsible for all costs 26 28 related to the transitional release program or to the 26 29 supervision and treatment of any person. Reimbursement may be 26 30 obtained by the director from the patient and any person 26 31 legally liable or bound by contract for the support of the 26 32 patient for the cost of confinement, or of care and treatment 26 33 provided. As used in this section, "any person legally 26 34 liable" does not include a political subdivision. 26 35 Sec. 27. NEW SECTION. 229A.12A DIRECTOR OF THE 27 1 DEPARTMENT OF CORRECTIONS – RESPONSIBILITY FOR SAFEKEEPER. 27 2 The director of the department of corrections shall have 27 3 authority, once a person is detained pursuant to section 27 4 229A.5, to make a determination as to which appropriate secure 27 5 facility the safekeeper is to be placed, taking into 27 6 consideration the safekeeper's medical needs and ability to 27 7 interact with offenders who have been committed to the custody 27 8 of the director of the department of corrections. The 27 9 director has authority to determine the safekeeper's degree of 27 10 segregation from offenders, including whether total 27 11 segregation is appropriate under the circumstances or whether 27 12 the safekeeper should be permitted to participate in normal 27 13 confinement activities in the presence of offenders. 27 14 Sec. 28. Section 229A.14, Code 2001, is amended to read as 27 15 follows: 27 16 229A.14 RELEASE OF CONFIDENTIAL OR PRIVILEGED INFORMATION 27 17 AND RECORDS. 27 18 Notwithstandinganything in chapter 22 to the contrary,any 27 19 provision in the Code regarding confidentiality to the 27 20 contrary, any relevant information and records which would 27 21 otherwise be confidential or privileged shall be released to 27 22 the agency with jurisdiction or the attorney general for the 27 23 purpose of meeting the notice requirement provided in section 27 24 229A.3 and determining whether a person is or continues to be 27 25 a sexually violent predator. 27 26 Sec. 29. NEW SECTION. 229A.15A CIVIL PROTECTIVE ORDER. 27 27 A victim of a crime that was committed by a safekeeper or 27 28 by a person subjected to an order of civil commitment pursuant 27 29 to this chapter, may obtain a protective order against the 27 30 safekeeper or person using the procedures set out in section 27 31 915.22. 27 32 Sec. 30. NEW SECTION. 229A.15B RULEMAKING AUTHORITY. 27 33 The department of human services shall adopt rules pursuant 27 34 to chapter 17A necessary to administer this chapter. 27 35 Sec. 31. Section 811.1, subsections 1 and 2, Code 2001, 28 1 are amended to read as follows: 28 2 1. A defendant awaiting judgment of conviction and 28 3 sentencing following either a plea or verdict of guilty of a 28 4 class "A" felony, murder, any class "B" felony included in 28 5 section 462A.14 or 707.6A; felonious assault; felonious child 28 6 endangerment; sexual abuse in the second degree; sexual abuse 28 7 in the third degree; kidnapping; robbery in the first degree; 28 8 arson in the first degree; burglary in the first degree; any 28 9 felony included in section 124.401, subsection 1, paragraph 28 10 "a" or "b"; or a second or subsequent offense under section 28 11 124.401, subsection 1, paragraph "c";orany felony punishable 28 12 under section 902.9, subsection 1; any public offense 28 13 committed while detained pursuant to section 229A.5; or any 28 14 public offense committed while subject to an order of 28 15 commitment pursuant to chapter 229A. 28 16 2. A defendant appealing a conviction of a class "A" 28 17 felony; murder; any class "B" or "C" felony included in 28 18 section 462A.14 or 707.6A; felonious assault; felonious child 28 19 endangerment; sexual abuse in the second degree; sexual abuse 28 20 in the third degree; kidnapping; robbery in the first degree; 28 21 arson in the first degree; burglary in the first degree; any 28 22 felony included in section 124.401, subsection 1, paragraph 28 23 "a" or "b"; or a second or subsequent conviction under section 28 24 124.401, subsection 1, paragraph "c";orany felony punishable 28 25 under section 902.9, subsection 1; any public offense 28 26 committed while detained pursuant to section 229A.5; or any 28 27 public offense committed while subject to an order of 28 28 commitment pursuant to chapter 229A. 28 29 Sec. 32. IMPLEMENTATION OF ACT. Section 25B.2, subsection 28 30 3, shall not apply to this Act. 28 31 Sec. 33. DIRECTIVE TO CODE EDITOR. The Code editor is 28 32 directed to renumber sections in chapter 229A and correct 28 33 internal references as necessary in conjunction with the 28 34 enactment of this Act. 28 35 EXPLANATION 29 1 This bill makes numerous changes to the sexually violent 29 2 predator Act in Code chapter 229A. 29 3 DEFINITIONS. The bill defines "safekeeper" to mean a 29 4 person who is confined in an appropriate secure facility, but 29 5 who is not subject to an order of commitment. The bill 29 6 defines "discharge" to mean an unconditional discharge from 29 7 the sexually violent predator program. The bill changes the 29 8 definition of "predatory" to mean an act directed toward a 29 9 person with whom contact or interaction has been established 29 10 or promoted for the primary purpose of making the person the 29 11 object or victim of a sexually violent offense. The bill 29 12 permits the dual civil commitment of a person and defines 29 13 "dual commitment" to mean a simultaneous commitment pursuant 29 14 to Code chapter 229A and Code chapter 125, 229, or 812, 29 15 provided the commitments are not inconsistent. The bill 29 16 creates a transitional release program and defines 29 17 "transitional release" to mean a conditional release from a 29 18 secure facility with conditions of such a release set by the 29 19 court or the department of human services. 29 20 INITIAL REVIEW. The bill provides that upon the filing of 29 21 a petition to commit a sexually violent predator, the court 29 22 shall conduct an initial review of the petition and supporting 29 23 statements to verify the identity of the person named in the 29 24 petition, and to determine whether competent evidence was 29 25 presented to show sufficient facts exist which would lead a 29 26 reasonable person to believe the person named in the petition 29 27 is a sexually violent predator. The bill provides that in 29 28 determining whether sufficient facts exist, the court may rely 29 29 on the petition and supporting statement filed by the state 29 30 and no hearing is required. If the court finds sufficient 29 31 facts do exist, the bill requires the court to order the 29 32 person be taken into custody and placed in an appropriate 29 33 secure facility, if the person is not already in custody. 29 34 Upon a finding that sufficient facts do exist, the bill also 29 35 provides that the court shall order an evaluation of the 30 1 person be conducted, set trial within 90 days of the initial 30 2 review, and appoint an attorney to represent the respondent, 30 3 if the person is indigent. 30 4 OBJECTIONS TO INITIAL REVIEW. The bill permits the person 30 5 to object to the findings of the initial review. Under the 30 6 bill the person may object for the following reasons: the 30 7 person named in the petition is not the person in custody, the 30 8 person in custody is not the same person alleged to have 30 9 committed the sexually violent offenses, or no competent 30 10 evidence exists to show that sufficient facts exist to lead a 30 11 reasonable person to believe the person is a sexually violent 30 12 predator. The bill requires the court to issue its written 30 13 findings as to whether sufficient facts exist within 72 hours 30 14 of the hearing on the objections. If the court finds that 30 15 sufficient facts do not exist, the court shall immediately 30 16 notify the parties and permit the state 24 hours to amend the 30 17 petition and any supporting statement. If after a hearing on 30 18 the amended petition the court finds that sufficient facts 30 19 still do not exist, the petition shall be dismissed. The bill 30 20 permits the state to file an emergency appeal with the Iowa 30 21 supreme court as to whether sufficient facts exist to support 30 22 the amended petition. The bill provides that if an emergency 30 23 appeal is filed, the person shall remain confined pending the 30 24 decision of the Iowa supreme court. 30 25 TRIAL. The bill provides that a trial to determine whether 30 26 a person is a sexually violent predator shall be held within 30 27 90 days of the findings in the initial review. The bill 30 28 allows the person or the attorney for the person to waive the 30 29 90-day trial requirement, and to reassert the demand for a 90- 30 30 day trial if previously waived. The bill and current law 30 31 provide that the trial may be to the court or to a jury, and 30 32 either party or the court may demand a jury trial. The bill 30 33 provides that the Iowa rules of evidence and the Iowa rules of 30 34 civil procedure shall apply to the trial, unless otherwise 30 35 specified. The bill permits the introduction of previous 31 1 sexually violent offenses into evidence, and states that the 31 2 prior offenses are relevant and probative, whether criminal 31 3 charges were filed or not filed, notwithstanding any Iowa rule 31 4 of evidence to the contrary. The bill provides that the 31 5 evidence of prior sexually violent offenses may be introduced 31 6 in document form, including initial review transcripts, trial 31 7 transcripts, probation and sentencing reports, and evaluations 31 8 by mental health experts. The bill also permits the 31 9 introduction of testimonial evidence by the victim of a prior 31 10 sexually violent offense, whether criminal charges were filed 31 11 or not filed, and states that the prior facts and 31 12 circumstances are relevant and probative, notwithstanding any 31 13 Iowa rule of evidence to the contrary. The bill provides that 31 14 the testimonial evidence may be presented by telephone or 31 15 electronic means, by videotape, or by prior sworn testimony. 31 16 If the person is civilly committed, the person shall be under 31 17 the control, care, and treatment of the department of human 31 18 services until the person is discharged from the program. 31 19 ANNUAL REVIEW AND FINAL HEARING. The bill and current law 31 20 provide that a sexually violent predator is entitled to an 31 21 annual examination of the person's mental abnormality. The 31 22 bill provides that the court shall conduct an annual review, 31 23 and if warranted set a final hearing on the status of the 31 24 committed person. 31 25 Annual review. The bill provides that the Iowa rules of 31 26 evidence do not apply to an annual review and the sexually 31 27 violent predator is not entitled to be present at the annual 31 28 review; however, the person's attorney may be present. The 31 29 burden is on the sexually violent predator to show by a 31 30 preponderance of the evidence that there is competent evidence 31 31 to lead a reasonable person to believe a final hearing should 31 32 be held to determine that the mental abnormality of the 31 33 sexually violent predator has so changed that the person is 31 34 not likely to engage in predatory acts constituting sexually 31 35 violent offenses if discharged, or whether the sexually 32 1 violent predator is suitable for placement in a transitional 32 2 release program. If at the time of the annual review the 32 3 sexually violent predator has filed a petition for discharge 32 4 or placement in the transitional release program with the 32 5 permission of the director of human services, the court shall 32 6 not conduct an annual review but shall set a final hearing on 32 7 the petition. If at the time of the annual review the 32 8 sexually violent predator has filed a petition without 32 9 authorization from the director, the court shall first conduct 32 10 an annual review to determine if a final hearing is warranted. 32 11 Final hearing. The bill provides that the purpose of the 32 12 final hearing is to determine whether the mental abnormality 32 13 of the sexually violent predator has so changed that the 32 14 person is not likely to engage in predatory acts constituting 32 15 sexually violent offenses if discharged, or the sexually 32 16 violent predator is suitable for placement in a transitional 32 17 release program. The bill and current law provide that either 32 18 party or the court may request a jury to make the 32 19 determination. The bill provides that if the case is before a 32 20 jury, the verdict must be unanimous on the issue of whether to 32 21 discharge, or to place in a transitional release program. 32 22 TRANSITIONAL RELEASE. The bill establishes a transitional 32 23 release program which provides for the conditional release of 32 24 a sexually violent predator from a secure facility. The bill 32 25 permits the department of human services or the court to place 32 26 conditions on such a release. The bill provides that a 32 27 sexually violent predator is suitable for placement in a 32 28 transitional release program if all of the following apply: 32 29 the person is no longer classified as "high risk" to reoffend, 32 30 significant insights have been achieved in the sex offending 32 31 cycle, acceptance of responsibility for past behavior and an 32 32 understanding has been achieved about the impact sexually 32 33 violent crimes have on a victim, a relapse prevention program 32 34 has been developed, no major discipline reports have been 32 35 filed during the previous year, the person is not likely to 33 1 attempt to escape or leave the program, acts constituting a 33 2 sexually violent offense are not likely to occur, it is in the 33 3 best interest of the committed person, and a willingness to 33 4 abide by rules has been demonstrated. 33 5 Violations of transitional release. The bill provides that 33 6 the treatment staff of a transitional release program may 33 7 remove a sexually violent predator from the program and 33 8 transfer the person back to a secure facility for a violation 33 9 of the conditions of release. The bill provides that the 33 10 treatment staff may request an ex parte order directing a 33 11 local law enforcement agency to take the sexually violent 33 12 predator into custody so the person can be returned to a 33 13 secure facility. The bill provides that if a sexually violent 33 14 predator has absconded from the program, the department of 33 15 human services, in cooperation with a local law enforcement 33 16 agency, may make a public announcement about the sexually 33 17 violent predator. Upon the return of the sexually violent 33 18 predator to a secure facility, the court shall determine if a 33 19 violation of a condition of release occurred. If the court 33 20 determines a violation did occur, the court may order the 33 21 person to remain confined in a secure facility, or the court 33 22 may return the person to the transitional release program 33 23 subject to further terms and conditions. 33 24 SUPERVISED RELEASE. The bill and current law provide for 33 25 release with or without supervision. The bill provides that 33 26 the court may order release with or without supervision in 33 27 lieu of discharge if during the annual review or final hearing 33 28 one of the following occurs: the state and the sexually 33 29 violent offender stipulate to release with or without 33 30 supervision, or the court or jury has determined the person 33 31 should be discharged from the program but the court determines 33 32 it is in the best interest of the community that the person be 33 33 released with or without supervision. Within 30 days of 33 34 ordering release with or without supervision, the court shall 33 35 have a hearing regarding a release plan prepared by the 34 1 department of human services. The bill provides that if the 34 2 court orders release with supervision, the court shall order 34 3 supervision by an agency with jurisdiction that is familiar 34 4 with the placement of criminal offenders in the community. If 34 5 the person is released without supervision, the agency shall 34 6 be responsible for initiating proceedings against the sexually 34 7 violent predator if a violation of the release plan occurs. 34 8 The bill provides that a person released with or without 34 9 supervision is not considered discharged from the sexually 34 10 violent predator program. The bill provides that the sexually 34 11 violent predator may petition the court for discharge from the 34 12 program if released with or without supervision. 34 13 Violations of release with or without supervision. The 34 14 bill provides that if a violation of the release plan occurs, 34 15 the agency with jurisdiction may request the district court to 34 16 issue an emergency ex parte order directing a law enforcement 34 17 agency to take the sexually violent predator into custody so 34 18 the person can be returned to a secure facility. The bill 34 19 provides that if a sexually violent predator has absconded in 34 20 violation of the release plan, the department of human 34 21 services, in cooperation with a local law enforcement agency, 34 22 may make a public announcement about the sexually violent 34 23 predator. Upon the return of the sexually violent predator to 34 24 a secure facility, the court shall determine if a violation of 34 25 the release plan occurred. If the court determines a 34 26 violation did occur, the court may order the person remain 34 27 confined in a secure facility, or the court may place the 34 28 person in the transitional release program or return the 34 29 person to release with or without supervision subject to 34 30 further terms and conditions. 34 31 DUAL COMMITMENT. The bill provides for the dual commitment 34 32 of a sexually violent predator. The bill provides that civil 34 33 commitment proceedings may be initiated pursuant to Code 34 34 chapter 125, 229, or 812 at any time after a petition to 34 35 civilly commit a person as a sexually violent predator has 35 1 been filed. The bill provides that civil commitment for 35 2 sexually violent predators takes priority for the purpose of 35 3 treatment over other civil commitment. The bill provides that 35 4 the director of human services shall coordinate the payment of 35 5 costs under a dual commitment. The bill provides that if 35 6 services were provided to the person under Code chapter 125, 35 7 229, or 812, then those services shall be paid as provided in 35 8 that chapter. 35 9 TRANSPORT ORDERS. The bill provides that a transport order 35 10 may only be requested by the court, the state, or the sexually 35 11 violent predator's attorney. The bill provides that a 35 12 sexually violent predator may be transported to trial and any 35 13 other court proceedings if the court authorizes a transport 35 14 order, and the transportation shall be provided by the sheriff 35 15 in which the action is brought, or as otherwise agreed to by 35 16 the parties. The bill also provides that a transport order is 35 17 not necessary to transport a sexually violent predator to a 35 18 medical facility or to an evaluation, and that transportation 35 19 shall be provided by the county in which the person is 35 20 confined. The bill provides that transportation shall be 35 21 provided by the department of human services for placement in 35 22 a transitional release program or supervised release. 35 23 CRIMINAL OFFENSES COMMITTED WHILE DETAINED. The bill 35 24 provides that if a person being detained for commitment or who 35 25 has been civilly committed commits a crime, the civil 35 26 commitment proceedings or treatment process shall be suspended 35 27 until the criminal proceedings, including any term of 35 28 confinement, are completed. The bill provides that upon the 35 29 filing of a criminal complaint, indictment, or information the 35 30 person shall be transferred to the county jail in the county 35 31 where the crime occurred until the criminal proceedings have 35 32 been completed. The bill provides that if the person is 35 33 sentenced to a term of confinement in the county jail as a 35 34 result of the criminal offense, the person shall serve the 35 35 sentence in the county jail. If the person is sentenced to 36 1 prison, the person shall serve the sentence at a correctional 36 2 institution. The bill provides that the person shall not be 36 3 released from jail or paroled or released to a facility or 36 4 program located outside the jail or prison other than to a 36 5 secure facility operated by the department of human services 36 6 upon completion of the term of confinement. 36 7 DEPARTMENT OF CORRECTIONS. Upon placement in an 36 8 appropriate secure facility, the director of the department of 36 9 corrections has authority to determine in which appropriate 36 10 secure facility the safekeeper will be placed, and has 36 11 authority to determine the level of segregation the sex 36 12 offender will be subjected to while in the placement. 36 13 PROTECTIVE ORDER. The bill provides that a victim of a 36 14 person detained or committed pursuant to Code chapter 229A may 36 15 obtain a protective order against a safekeeper or person 36 16 committed using the same procedures as in Code section 915.22, 36 17 relating to civil injunctions to restrain harassment or 36 18 intimidation of victims or witnesses. 36 19 RULEMAKING AUTHORITY. The bill grants rulemaking authority 36 20 to the department of human services to administer the sexually 36 21 violent predator program. 36 22 STATE MANDATE. The bill may include a state mandate as 36 23 defined in Code section 25B.3. The bill makes inapplicable 36 24 Code section 25B.2, subsection 3, which would relieve a 36 25 political subdivision from complying with a state mandate if 36 26 funding for the cost of the state mandate is not provided or 36 27 specified. Therefore, political subdivisions are required to 36 28 comply with any state mandate included in the bill. 36 29 LSB 5189DP 79 36 30 jm/cls/14
Text: HSB00662 Text: HSB00664 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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