House File 441 - Introduced



                                       HOUSE FILE       
                                       BY  SWAIM


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act modifying provisions relating to a final hearing in a
  2    civil commitment proceeding for a sexually violent predator.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2635HH 83
  5 jm/rj/14

PAG LIN



  1  1    Section 1.  Section 229A.8, subsection 5, paragraph e,
  1  2 unnumbered paragraph 1, Code 2009, is amended to read as
  1  3 follows:
  1  4    The burden is on the committed person to show by a
  1  5 preponderance of the evidence that there is competent evidence
  1  6 which would lead a reasonable person to believe a final
  1  7 hearing should be held to determine either of the following:
  1  8                           EXPLANATION
  1  9    This bill modifies provisions relating to the eligibility
  1 10 for a final hearing in a civil commitment proceeding for a
  1 11 sexually violent predator.
  1 12    Under the bill, a committed person is entitled to a final
  1 13 hearing each year, if the committed person proves by a
  1 14 preponderance of the evidence either of the following:  the
  1 15 mental abnormality of the committed person has so changed that
  1 16 the person is not likely to engage in predatory acts
  1 17 constituting sexually violent offenses if discharged; or the
  1 18 committed person is suitable for placement in a transitional
  1 19 release program pursuant to Code section 229A.8A.
  1 20    Under current law, a committed person is entitled to a
  1 21 final hearing each year, if the committed person proves by a
  1 22 preponderance of the evidence that competent evidence exists
  1 23 which would lead a reasonable person to believe a final
  1 24 hearing should be held to determine if the person should be
  1 25 discharged pursuant to Code section 229A.8(5)(e)(1) or placed
  1 26 in transitional release pursuant to Code section
  1 27 229A.8(5)(e)(2).
  1 28 LSB 2635HH 83
  1 29 jm/rj/14