SF 2211 (LSB 5382SV (2) 85)

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 predator.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 229A.2, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  “Convicted” means found guilty of, pleads guilty to, or is sentenced or adjudicated delinquent for an act which is an indictable offense in this state or in another jurisdiction including in a federal, military, tribal, or foreign court, including but not limited to a juvenile who has been adjudicated delinquent, but whose juvenile court records have been sealed under section 232.150, and a person who has received a deferred sentence or a deferred judgment or has been acquitted by reason of insanity. “Conviction” includes the conviction of a juvenile prosecuted as an adult. “Convicted” also includes a conviction for an attempt or conspiracy to commit an offense. “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
    Sec. 2.  Section 229A.9A, subsection 2, Code 2014, is amended to read as follows:
   2.  If release with or without supervision is ordered, the department of human services shall prepare within thirty sixty days of the order of the court a release plan addressing the person’s needs for counseling, medication, community support services, residential services, vocational services, alcohol or other drug abuse treatment, sex offender treatment, or any other treatment or supervision necessary.
    Sec. 3.  Section 232.55, subsection 2, paragraph a, Code 2014, is amended to read as follows:
   a.  Adjudication and disposition proceedings under this division are not admissible as evidence against a person in a subsequent proceeding in any other court before or after the person reaches majority except in a proceeding pursuant to chapter 229A or in a sentencing proceeding after conviction of the person for an offense other than a simple or serious misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the definition of a sexually violent predator for purposes of civil commitment procedures.
   For purposes of determining whether a person has previously been convicted of a sexually violent offense for civil commitment as a sexually violent predator, the bill defines “convicted” to mean found guilty of, pleads guilty to, or is sentenced or adjudicated delinquent for an act which is an indictable offense in this state or in another jurisdiction including in a federal, military, tribal, or foreign court, including but not limited to a juvenile who has been adjudicated delinquent, but whose juvenile court records have been sealed under Code section 232.150, and a person who has received a deferred sentence or a deferred judgment or has been acquitted by reason of insanity. “Conviction” includes the conviction of a juvenile prosecuted as an adult. “Convicted” also includes a conviction for an attempt or conspiracy to commit an offense. “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside. Current law does not define “conviction” in Code chapter 229A. The term “conviction” generally does not include deferred judgments or juvenile adjudications.
   The bill extends the time period the department of human services has to prepare a release plan for a person committed as a sexually violent predator who is ordered released by the court from 30 days to 60 days. Code section 229A.9A(3) prohibits a committed person from being released prior to the court setting a hearing on the release plan developed by the department of human services.
   Code section 232.55 is amended to permit the use of juvenile delinquency proceedings as evidence in the civil commitment proceeding of a sexually violent predator under Code chapter 229A.