229A.5B  Escape from custody.

1.  A respondent who is in custody under this chapter shall remain in custody unless released by court order or discharged under section 229A.10. A respondent in custody under this chapter shall not do any of the following:

a.  Leave or attempt to leave a facility without the accompaniment of authorized personnel.

b.  Knowingly and voluntarily be absent from a place where the respondent is required to be present.

c.  Leave or attempt to leave the custody of personnel transporting or guarding the respondent while the respondent is away from a facility.

2.  A respondent who violates subsection 1 commits a simple misdemeanor or may be subject to punishment for contempt. If the respondent pleads guilty to, or is convicted of, an offense under this section, or is found in contempt, or both, and is sentenced to a term of confinement, the civil commitment proceedings or treatment process may be stayed by court order until the term of confinement is served by the respondent.

3.  If a respondent commits a violation of subsection 1 and remains unconfined, the attorney general or the chief law enforcement officer of the political subdivision where the violation occurs may make a public announcement that the respondent is unconfined and may provide relevant information about the respondent to the community. The attorney general may also notify a victim or the family of a victim of the respondent that the respondent is unconfined.

4.  This section shall not be construed to prohibit the use of the interstate compact on mental health as provided in chapter 221.

Section History: Recent form

  2001 Acts, ch 27, §1

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