House File 2501 H-8486 Amend House File 2501 as follows: 1 1. Page 44, by striking lines 17 through 33 and inserting: 2 < Sec. ___. 2017 Iowa Acts, chapter 174, section 64, is 3 amended to read as follows: 4 SEC. 64. SEXUALLY VIOLENT PREDATORS. 5 1. There is appropriated from the general fund of the 6 state to the department of human services for the fiscal year 7 beginning July 1, 2018, and ending June 30, 2019, the following 8 amount, or so much thereof as is necessary, to be used for the 9 purpose designated: 10 For costs associated with the commitment and treatment of 11 sexually violent predators in the unit located at the state 12 mental health institute at Cherokee, including costs of legal 13 services and other associated costs, including salaries, 14 support, maintenance, and miscellaneous purposes, and for not 15 more than the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,732,373 17 10,864,747 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 112.00 19 132.00 20 2. Unless specifically prohibited by law, if the amount 21 charged provides for recoupment of at least the entire amount 22 of direct and indirect costs, the department of human services 23 may contract with other states to provide care and treatment 24 of persons placed by the other states at the unit for sexually 25 violent predators at Cherokee. The moneys received under 26 such a contract shall be considered to be repayment receipts 27 and used for the purposes of the appropriation made in this 28 section. > 29 2. By striking page 79, line 7, through page 85, line 22, 30 and inserting: 31 < DIVISION ___ 32 SEXUAL OFFENSES AND SEX OFFENDERS 33 Sec. ___. Section 229A.2, subsection 4, Code 2018, is 34 amended to read as follows: 35 -1- HF2501.5737 (3) 87 pf/rn 1/ 9 #1. #2.

4. “Discharge” means an unconditional discharge from the 1 sexually violent predator program. A person released from a 2 secure facility into a transitional release program or released 3 with or without supervision is not considered to be discharged. 4 Sec. ___. Section 229A.5B, subsection 1, unnumbered 5 paragraph 1, Code 2018, is amended to read as follows: 6 A person who is detained pursuant to section 229A.5 or is 7 subject to an order of civil commitment under this chapter 8 shall remain in custody unless released by court order or 9 discharged under section 229A.8 or 229A.10 . A person who has 10 been placed in a transitional release program or who is under 11 release with or without supervision is considered to be in 12 custody. A person in custody under this chapter shall not do 13 any of the following: 14 Sec. ___. Section 229A.5C, subsection 4, Code 2018, is 15 amended to read as follows: 16 4. A person who committed a public offense while in a 17 transitional release program or on release with or without 18 supervision may be returned to a secure facility operated by 19 the department of human services upon completion of any term 20 of confinement that resulted from the commission of the public 21 offense. 22 Sec. ___. Section 229A.6A, subsection 1, paragraph d, Code 23 2018, is amended to read as follows: 24 d. To a facility for placement or treatment in a 25 transitional release program or for release with or without 26 supervision. A transport order is not required under this 27 paragraph. 28 Sec. ___. Section 229A.7, subsection 7, Code 2018, is 29 amended to read as follows: 30 7. The control, care, and treatment of a person determined 31 to be a sexually violent predator shall be provided at a 32 facility operated by the department of human services. At all 33 times prior to placement in a transitional release program 34 or release with or without supervision, persons committed 35 -2- HF2501.5737 (3) 87 pf/rn 2/ 9

for control, care, and treatment by the department of human 1 services pursuant to this chapter shall be kept in a secure 2 facility and those patients shall be segregated at all times 3 from any other patient under the supervision of the department 4 of human services. A person committed pursuant to this chapter 5 to the custody of the department of human services may be kept 6 in a facility or building separate from any other patient 7 under the supervision of the department of human services. 8 The department of human services may enter into a chapter 9 28E agreement with the department of corrections or other 10 appropriate agency in this state or another state for the 11 confinement of patients who have been determined to be sexually 12 violent predators. Patients who are in the custody of the 13 director of the department of corrections pursuant to a chapter 14 28E agreement and who have not been placed in a transitional 15 release program or released with or without supervision shall 16 be housed and managed separately from criminal offenders in 17 the custody of the director of the department of corrections, 18 and except for occasional instances of supervised incidental 19 contact, shall be segregated from those offenders. 20 Sec. ___. Section 229A.8B, subsection 3, Code 2018, is 21 amended to read as follows: 22 3. Upon the return of the committed person to a secure 23 facility, the director of human services or the director’s 24 designee shall notify the court that issued the ex parte order 25 that the absconder has been returned to a secure facility, and 26 the court shall set a hearing within five days to determine if 27 a violation occurred. If a court order was not issued, the 28 director or the director’s designee shall contact the nearest 29 district court with jurisdiction to set a hearing to determine 30 whether a violation of the rules or directives occurred. The 31 court shall schedule a hearing within five days of after 32 receiving notice that the committed person has been returned 33 from the transitional release program to a secure facility. 34 Sec. ___. Section 229A.9A, Code 2018, is amended to read as 35 -3- HF2501.5737 (3) 87 pf/rn 3/ 9

follows: 1 229A.9A Release with or without supervision. 2 1. In any proceeding under section 229A.8 , the court may 3 order the committed person released with or without supervision 4 if any of the following apply: 5 a. The attorney general stipulates to the release with or 6 without supervision. 7 b. The court or jury has determined that the person should 8 be discharged released from the program a secure facility or 9 a transitional release program , but the court has determined 10 the person suffers from a mental abnormality and it is in the 11 best interest of the community to order release with or without 12 supervision before the committed person is discharged. 13 2. If release with or without supervision is ordered, the 14 department of human services shall prepare within sixty days of 15 the order of the court a release plan addressing the person’s 16 needs for counseling, medication, community support services, 17 residential services, vocational services, alcohol or other 18 drug abuse treatment, sex offender treatment, or any other 19 treatment or supervision necessary. 20 3. The court shall set a hearing on the release plan 21 prepared by the department of human services before the 22 committed person is released from a secure facility or a 23 transitional release program. 24 4. If the court orders release with supervision, the court 25 shall order supervision by an agency with jurisdiction that 26 is familiar with the placement of criminal offenders in the 27 community. The agency with jurisdiction shall be responsible 28 for initiating proceedings for violations of the release plan 29 as provided in section 229A.9B . If the court orders release 30 without supervision, the agency with jurisdiction shall also be 31 responsible for initiating proceedings for any violations of 32 the release plan as provided in section 229A.9B . 33 5. A committed person may not petition the court for release 34 with or without supervision. 35 -4- HF2501.5737 (3) 87 pf/rn 4/ 9

6. A committed person released with or without supervision 1 is not considered discharged from civil commitment under this 2 chapter . 3 7. After being released with or without supervision, the 4 person may petition the court for discharge as provided in 5 section 229A.8 . 6 8. The court shall retain jurisdiction over the committed 7 person who has been released with or without supervision until 8 the person is discharged from the program. The department 9 of human services or a judicial district department of 10 correctional services shall not be held liable for any acts 11 committed by a committed person who has been ordered released 12 with or without supervision. 13 Sec. ___. Section 229A.9B, Code 2018, is amended to read as 14 follows: 15 229A.9B Violations of release with or without supervision. 16 1. If a committed person violates the release plan, the 17 agency with jurisdiction over the person may request the 18 district court to issue an emergency ex parte order directing 19 any law enforcement officer to take the person into custody 20 so that the person can be returned to a secure facility. 21 The request for an ex parte order may be made orally or by 22 telephone, but the original written request or a facsimile copy 23 of the request shall be filed with the clerk of court no later 24 than 4:30 p.m. on the next business day the office of the clerk 25 of court is open. 26 2. If a committed person has absconded in violation of the 27 conditions of the person’s release plan, a presumption arises 28 that the person poses a risk to public safety. The department 29 of human services or contracting agency, in cooperation with 30 local law enforcement agencies, may make a public announcement 31 about the absconder. The public announcement may include a 32 description of the committed person, that the committed person 33 is on release with or without supervision from the sexually 34 violent predator program, and any other information pertinent 35 -5- HF2501.5737 (3) 87 pf/rn 5/ 9

to public safety. 1 3. Upon the return of the committed person to a secure 2 facility, the director of human services or the director’s 3 designee shall notify the court that issued the ex parte 4 order that the committed person has been returned to a secure 5 facility, and the court shall set hearing within five days to 6 determine if a violation occurred. If a court order was not 7 issued, the director or the director’s designee shall contact 8 the nearest district court with jurisdiction to set a hearing 9 to determine whether a violation of the conditions of the 10 release plan occurred. The court shall schedule a hearing 11 within five days of after receiving notice that the committed 12 person has been returned to a secure facility. 13 4. At the hearing, the burden shall be upon the attorney 14 general to show by a preponderance of the evidence that a 15 violation of the release plan occurred. 16 5. If the court determines a violation occurred, the court 17 shall receive release recommendations from the department of 18 human services and either order that the committed person be 19 returned to release with or without supervision or placed 20 in a transitional release program, or be confined in a 21 secure facility. The court may impose further conditions 22 upon the committed person if returned to release with or 23 without supervision or placed in the transitional release 24 program. If the court determines no violation occurred, the 25 committed person shall be returned to release with or without 26 supervision. 27 Sec. ___. Section 232.68, subsection 2, paragraph a, 28 subparagraph (3), Code 2018, is amended to read as follows: 29 (3) The commission of a sexual offense with or to a child 30 pursuant to chapter 709 , section 726.2 , or section 728.12, 31 subsection 1 , as a result of the acts or omissions of the 32 person responsible for the care of the child or of a person who 33 is fourteen years of age or older and resides in a home with 34 the child. Notwithstanding section 702.5 , the commission of 35 -6- HF2501.5737 (3) 87 pf/rn 6/ 9

a sexual offense under this subparagraph includes any sexual 1 offense referred to in this subparagraph with or to a person 2 under the age of eighteen years. 3 Sec. ___. Section 232.68, subsection 2, paragraph a, 4 subparagraph (9), Code 2018, is amended to read as follows: 5 (9) (a) Knowingly A person who is responsible for the 6 care of a child knowingly allowing a person another person 7 custody or of, control of over , or unsupervised access to a 8 child or minor child under the age of fourteen or a child with 9 a physical or mental disability , after knowing the person 10 other person is required to register or is on the sex offender 11 registry under chapter 692A for a violation of section 726.6 . 12 (b) This subparagraph does not apply in any of the following 13 circumstances: 14 (i) A child living with a parent or guardian who is a sex 15 offender required to register or on the sex offender registry 16 under chapter 692A. 17 (ii) A child living with a parent or guardian who is married 18 to and living with a sex offender required to register or on 19 the sex offender registry under chapter 692A. 20 (iii) A child who is a sex offender required to register or 21 on the sex offender registry under chapter 692A who is living 22 with the child’s parent, guardian, or foster parent and is also 23 living with the child to whom access was allowed. 24 (c) For purposes of this subparagraph, “control over” means 25 any of the following: 26 (i) A person who has accepted, undertaken, or assumed 27 supervision of a child from the parent or guardian of the 28 child. 29 (ii) A person who has undertaken or assumed temporary 30 supervision of a child without explicit consent from the parent 31 or guardian of the child. 32 Sec. ___. Section 901A.2, subsection 6, Code 2018, is 33 amended to read as follows: 34 6. A person who has been placed in a transitional release 35 -7- HF2501.5737 (3) 87 pf/rn 7/ 9

program, released with or without supervision, or discharged 1 pursuant to chapter 229A , and who is subsequently convicted of 2 a sexually predatory offense or a sexually violent offense, 3 shall be sentenced to life in prison on the same terms as 4 a class “A” felon under section 902.1 , notwithstanding any 5 other provision of the Code to the contrary. The terms and 6 conditions applicable to sentences for class “A” felons under 7 chapters 901 through 909 shall apply to persons sentenced under 8 this subsection . However, if the person commits a sexually 9 violent offense which is a misdemeanor offense under chapter 10 709 , the person shall be sentenced to life in prison, with 11 eligibility for parole as provided in chapter 906 . > 12 3. By striking page 89, line 31, through page 90, line 15, 13 and inserting: 14 < DIVISION ___ 15 GERIATRIC PATIENT HOUSING REVIEW 16 Sec. ___. GERIATRIC PATIENT HOUSING REVIEW. 17 1. During the 2018 legislative interim, the department on 18 aging and the departments of human services, inspections and 19 appeals, and corrections, cooperatively, shall review issues 20 and develop policy recommendations relating to housing for 21 geriatric persons, including geriatric individuals who are 22 registered on the sex offender registry or who are sexually 23 aggressive. The review shall address all aspects of the issue 24 including the feasibility of utilizing facilities located 25 at Mount Pleasant, Clarinda, or other vacant, state-owned 26 facilities to care for such geriatric persons; related 27 workforce recruitment and training; requirements that a 28 facility must meet in order to receive Medicaid reimbursement; 29 and any other information or issues deemed appropriate by the 30 agencies. 31 2. The agencies shall submit a joint report with 32 recommendations to the governor and general assembly by 33 December 15, 2018. > 34 4. By renumbering as necessary. 35 -8- HF2501.5737 (3) 87 pf/rn 8/ 9 #3.