Text: SSB01025 Text: SSB01027 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 229A.5B ESCAPE FROM CUSTODY. 1 2 1. A respondent who is in custody under this chapter shall 1 3 remain in custody unless released by court order, or 1 4 discharged under section 229A.10. A respondent in custody 1 5 under this chapter shall not do any of the following: 1 6 a. Leave or attempt to leave a facility without the 1 7 accompaniment of authorized personnel. 1 8 b. Knowingly and voluntarily be absent from a place where 1 9 the respondent is required to be present. 1 10 c. Leave or attempt to leave the custody of personnel 1 11 transporting or guarding the respondent while the respondent 1 12 is away from a facility. 1 13 2. A respondent who violates subsection 1 commits a simple 1 14 misdemeanor or may be subject to punishment for contempt. If 1 15 the respondent pleads guilty to, or is convicted of, an 1 16 offense under this section, or is found in contempt, or both, 1 17 and is sentenced to a term of confinement, the civil 1 18 commitment proceedings or treatment process may be stayed by 1 19 court order until the term of confinement is served by the 1 20 respondent. 1 21 3. If a respondent commits a violation of subsection 1 and 1 22 remains unconfined, the attorney general or the chief law 1 23 enforcement officer of the political subdivision where the 1 24 violation occurs may make a public announcement that the 1 25 respondent is unconfined and may provide relevant information 1 26 about the respondent to the community. The attorney general 1 27 may also notify a victim or the family of a victim of the 1 28 respondent that the respondent is unconfined. 1 29 4. This section shall not be construed to prohibit the use 1 30 of the interstate compact on mental health as provided in 1 31 chapter 221. 1 32 EXPLANATION 1 33 This bill creates a new criminal offense of escape from 1 34 custody by a sexually violent predator civilly committed under 1 35 Code chapter 229A and provides a penalty. 2 1 The bill prohibits a person who has been placed in or 2 2 committed to a facility from leaving or attempting to leave 2 3 such a facility without being accompanied by authorized 2 4 personnel unless the person has been released or discharged. 2 5 The bill also prohibits a person from knowingly and 2 6 voluntarily being absent from a place where the person should 2 7 be present or leaving or attempting to leave the custody of 2 8 personnel transporting or guarding the person while away from 2 9 a facility. 2 10 The bill provides that the attorney general or the chief 2 11 law enforcement officer of the jurisdiction where a violation 2 12 occurs may notify the public if the person is unconfined and 2 13 is at large. The attorney general may also notify the victim 2 14 or the family of the victim. 2 15 In addition, the bill does not prevent the state from 2 16 transferring a person to another state under the interstate 2 17 compact on mental health under Code chapter 221. 2 18 A person who commits a violation of the bill commits a 2 19 simple misdemeanor or may be subject to contempt. A simple 2 20 misdemeanor is punishable by confinement for no more than 30 2 21 days or a fine of at least $50 but not more than $500 or by 2 22 both. Contempt before a district judge or district associate 2 23 judge is punishable by a fine not to exceed $500 or 2 24 confinement not to exceed six months or both. Contempt before 2 25 a judicial magistrate is punishable by a fine not to exceed 2 26 $100 or confinement not to exceed 30 days. Any civil 2 27 commitment proceeding or treatment process may be stayed by 2 28 court order until a term of confinement is served for 2 29 committing a violation of the bill. 2 30 LSB 1121DP 79 2 31 jm/pj/5.1
Text: SSB01025 Text: SSB01027 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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