Senate Study Bill 3024 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ATTORNEY GENERAL BILL) A BILL FOR An Act relating to the civil commitment of sexually violent 1 predators. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5299DP (6) 85 jm/nh

S.F. _____ H.F. _____ 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.8, subsection 5, paragraph e, Code 17 2014, is amended to read as follows: 18 e. (1) The court shall consider all evidence presented 19 by both parties at the annual review. The burden is on the 20 committed person to prove by a preponderance of the evidence 21 that there is relevant and reliable evidence to rebut the 22 presumption of continued commitment, which would lead a 23 reasonable person to believe a final hearing should be held 24 to determine either of the following: The court shall order 25 a final hearing to be held if the committed person rebuts the 26 presumption of continued commitment by providing clear and 27 convincing evidence of either of the following: 28 (a) The mental abnormality of the committed person has so 29 changed that the person is not likely to engage in predatory 30 acts constituting sexually violent offenses if discharged. 31 (b) The committed person is suitable for placement in a 32 transitional release program pursuant to section 229A.8A . 33 (2) If the committed person shows by a preponderance of the 34 evidence clear and convincing evidence that a final hearing 35 -1- LSB 5299DP (6) 85 jm/nh 1/ 4

S.F. _____ H.F. _____ should be held on either determination under subparagraph (1), 1 subparagraph division (a) or (b), or both, the court shall set 2 a final hearing within sixty days of the determination that a 3 final hearing be held. 4 Sec. 3. Section 229A.9A, subsection 2, Code 2014, is amended 5 to read as follows: 6 2. If release with or without supervision is ordered, the 7 department of human services shall prepare within thirty sixty 8 days of the order of the court a release plan addressing the 9 person’s needs for counseling, medication, community support 10 services, residential services, vocational services, alcohol 11 or other drug abuse treatment, sex offender treatment, or any 12 other treatment or supervision necessary. 13 Sec. 4. Section 232.55, subsection 2, paragraph a, Code 14 2014, is amended to read as follows: 15 a. Adjudication and disposition proceedings under this 16 division are not admissible as evidence against a person in a 17 subsequent proceeding in any other court before or after the 18 person reaches majority except in a proceeding pursuant to 19 chapter 229A or in a sentencing proceeding after conviction 20 of the person for an offense other than a simple or serious 21 misdemeanor. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the civil commitment of sexually 26 violent predators. 27 For purposes of determining whether a person has previously 28 been convicted of a sexually violent offense for civil 29 commitment as a sexually violent predator, the bill defines 30 “convicted” to mean found guilty of, pleads guilty to, or is 31 sentenced or adjudicated delinquent for an act which is an 32 indictable offense in this state or in another jurisdiction 33 including in a federal, military, tribal, or foreign 34 court, including but not limited to a juvenile who has been 35 -2- LSB 5299DP (6) 85 jm/nh 2/ 4

S.F. _____ H.F. _____ adjudicated delinquent, but whose juvenile court records have 1 been sealed under Code section 232.150, and a person who has 2 received a deferred sentence or a deferred judgment or has been 3 acquitted by reason of insanity. “Conviction” includes the 4 conviction of a juvenile prosecuted as an adult. “Convicted” 5 also includes a conviction for an attempt or conspiracy to 6 commit an offense. “Convicted” does not mean a plea, sentence, 7 adjudication, deferred sentence, or deferred judgment which has 8 been reversed or otherwise set aside. 9 A person civilly committed as a sexually violent predator 10 is entitled to an annual review of the person’s progress in 11 the sexually violent predator program. The bill raises the 12 standard of proof at the annual hearing from a preponderance 13 of the evidence standard to a clear and convincing evidence 14 standard. The “clear and convincing evidence” standard is a 15 higher level of burden of persuasion than the “preponderance of 16 the evidence” standard. 17 Under the bill, the committed person is required to rebut 18 the presumption of continued commitment at the annual review 19 by providing clear and convincing evidence that the person’s 20 mental abnormality has so changed that the person is not 21 likely to engage in predatory acts or that the person is 22 suitable for placement in the transitional release program. If 23 the committed person successfully rebuts the presumption of 24 continued commitment by clear and convincing evidence under 25 the bill, the court is required to order a final hearing to 26 determine the future placement status of the person. 27 The final hearing to determine the future placement status 28 of a committed person is governed by Code section 229A.8(6). 29 The bill extends the time period the department of human 30 services has to prepare a release plan for a person committed 31 as a sexually violent predator who is ordered released by 32 the court from 30 days to 60 days. Code section 229A.9A(3) 33 prohibits a committed person from being released prior to the 34 court setting a hearing on the release plan developed by the 35 -3- LSB 5299DP (6) 85 jm/nh 3/ 4

S.F. _____ H.F. _____ department of human services. 1 Code section 232.55 is amended to permit the use of juvenile 2 delinquency proceedings as evidence in the civil commitment 3 proceeding of a sexually violent predator under Code chapter 4 229A. 5 -4- LSB 5299DP (6) 85 jm/nh 4/ 4