Senate File 2211 - Introduced SENATE FILE 2211 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3076) A BILL FOR An Act relating to the civil commitment of a sexually violent 1 predator. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5382SV (2) 85 jm/nh

S.F. 2211 Section 1. Section 229A.2, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. “Convicted” means found guilty of, 3 pleads guilty to, or is sentenced or adjudicated delinquent 4 for an act which is an indictable offense in this state or in 5 another jurisdiction including in a federal, military, tribal, 6 or foreign court, including but not limited to a juvenile who 7 has been adjudicated delinquent, but whose juvenile court 8 records have been sealed under section 232.150, and a person 9 who has received a deferred sentence or a deferred judgment 10 or has been acquitted by reason of insanity. “Conviction” 11 includes the conviction of a juvenile prosecuted as an adult. 12 “Convicted” also includes a conviction for an attempt or 13 conspiracy to commit an offense. “Convicted” does not mean a 14 plea, sentence, adjudication, deferred sentence, or deferred 15 judgment which has been reversed or otherwise set aside. 16 Sec. 2. Section 229A.9A, subsection 2, Code 2014, is amended 17 to read as follows: 18 2. If release with or without supervision is ordered, the 19 department of human services shall prepare within thirty sixty 20 days of the order of the court a release plan addressing the 21 person’s needs for counseling, medication, community support 22 services, residential services, vocational services, alcohol 23 or other drug abuse treatment, sex offender treatment, or any 24 other treatment or supervision necessary. 25 Sec. 3. Section 232.55, subsection 2, paragraph a, Code 26 2014, is amended to read as follows: 27 a. Adjudication and disposition proceedings under this 28 division are not admissible as evidence against a person in a 29 subsequent proceeding in any other court before or after the 30 person reaches majority except in a proceeding pursuant to 31 chapter 229A or in a sentencing proceeding after conviction 32 of the person for an offense other than a simple or serious 33 misdemeanor. 34 EXPLANATION 35 -1- LSB 5382SV (2) 85 jm/nh 1/ 2

S.F. 2211 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to the definition of a sexually violent 3 predator for purposes of civil commitment procedures. 4 For purposes of determining whether a person has previously 5 been convicted of a sexually violent offense for civil 6 commitment as a sexually violent predator, the bill defines 7 “convicted” to mean found guilty of, pleads guilty to, or is 8 sentenced or adjudicated delinquent for an act which is an 9 indictable offense in this state or in another jurisdiction 10 including in a federal, military, tribal, or foreign 11 court, including but not limited to a juvenile who has been 12 adjudicated delinquent, but whose juvenile court records have 13 been sealed under Code section 232.150, and a person who has 14 received a deferred sentence or a deferred judgment or has been 15 acquitted by reason of insanity. “Conviction” includes the 16 conviction of a juvenile prosecuted as an adult. “Convicted” 17 also includes a conviction for an attempt or conspiracy to 18 commit an offense. “Convicted” does not mean a plea, sentence, 19 adjudication, deferred sentence, or deferred judgment which 20 has been reversed or otherwise set aside. Current law does 21 not define “conviction” in Code chapter 229A. The term 22 “conviction” generally does not include deferred judgments or 23 juvenile adjudications. 24 The bill extends the time period the department of human 25 services has to prepare a release plan for a person committed 26 as a sexually violent predator who is ordered released by 27 the court from 30 days to 60 days. Code section 229A.9A(3) 28 prohibits a committed person from being released prior to the 29 court setting a hearing on the release plan developed by the 30 department of human services. 31 Code section 232.55 is amended to permit the use of juvenile 32 delinquency proceedings as evidence in the civil commitment 33 proceeding of a sexually violent predator under Code chapter 34 229A. 35 -2- LSB 5382SV (2) 85 jm/nh 2/ 2