Senate Study Bill 3034 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ATTORNEY GENERAL BILL) A BILL FOR An Act relating to sexually violent predators, the accumulation 1 of earned time by offenders, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5295DP (5) 87 jm/rh
S.F. _____ H.F. _____ Section 1. Section 229A.2, subsection 4, Code 2018, is 1 amended to read as follows: 2 4. “Discharge” means an unconditional discharge from the 3 sexually violent predator program. A person released from a 4 secure facility into a transitional release program or released 5 with or without supervision is not considered to be discharged. 6 Sec. 2. Section 229A.5B, subsection 1, unnumbered paragraph 7 1, Code 2018, is amended to read as follows: 8 A person who is detained pursuant to section 229A.5 or is 9 subject to an order of civil commitment under this chapter 10 shall remain in custody unless released by court order or 11 discharged under section 229A.8 or 229A.10 . A person who has 12 been placed in a transitional release program or who is under 13 release with or without supervision is considered to be in 14 custody. A person in custody under this chapter shall not do 15 any of the following: 16 Sec. 3. Section 229A.5C, subsection 4, Code 2018, is amended 17 to read as follows: 18 4. A person who committed a public offense while in a 19 transitional release program or on release with or without 20 supervision may be returned to a secure facility operated by 21 the department of human services upon completion of any term 22 of confinement that resulted from the commission of the public 23 offense. 24 Sec. 4. Section 229A.6A, subsection 1, paragraph d, Code 25 2018, is amended to read as follows: 26 d. To a facility for placement or treatment in a 27 transitional release program or for release with or without 28 supervision. A transport order is not required under this 29 paragraph. 30 Sec. 5. Section 229A.7, subsection 7, Code 2018, is amended 31 to read as follows: 32 7. The control, care, and treatment of a person determined 33 to be a sexually violent predator shall be provided at a 34 facility operated by the department of human services. At all 35 -1- LSB 5295DP (5) 87 jm/rh 1/ 10
S.F. _____ H.F. _____ times prior to placement in a transitional release program 1 or release with or without supervision, persons committed 2 for control, care, and treatment by the department of human 3 services pursuant to this chapter shall be kept in a secure 4 facility and those patients shall be segregated at all times 5 from any other patient under the supervision of the department 6 of human services. A person committed pursuant to this chapter 7 to the custody of the department of human services may be kept 8 in a facility or building separate from any other patient 9 under the supervision of the department of human services. 10 The department of human services may enter into a chapter 11 28E agreement with the department of corrections or other 12 appropriate agency in this state or another state for the 13 confinement of patients who have been determined to be sexually 14 violent predators. Patients who are in the custody of the 15 director of the department of corrections pursuant to a chapter 16 28E agreement and who have not been placed in a transitional 17 release program or released with or without supervision shall 18 be housed and managed separately from criminal offenders in 19 the custody of the director of the department of corrections, 20 and except for occasional instances of supervised incidental 21 contact, shall be segregated from those offenders. 22 Sec. 6. Section 229A.8, subsection 5, paragraph e, 23 subparagraph (2), Code 2018, is amended to read as follows: 24 (2) (a) If the committed person shows by a preponderance 25 of the evidence that a final hearing should be held on either 26 determination under subparagraph (1), subparagraph division (a) 27 or (b), or both, the court shall set a final hearing within 28 sixty days of the determination that a final hearing be held. 29 (b) The committed person may waive the sixty-day final 30 hearing requirement under subparagraph subdivision (a); 31 however, the committed person or the attorney for the committed 32 person may reassert a demand that the final hearing be held 33 within sixty days from the date of filing the demand with the 34 clerk of court. 35 -2- LSB 5295DP (5) 87 jm/rh 2/ 10
S.F. _____ H.F. _____ (c) The final hearing may be continued upon request of 1 either party and a showing of good cause, or by the court 2 on its own motion in the due administration of justice, and 3 if the committed person is not substantially prejudiced. In 4 determining what constitutes good cause, the court shall 5 consider the length of the pretrial detention of the committed 6 person. 7 Sec. 7. Section 229A.8B, subsection 3, Code 2018, is amended 8 to read as follows: 9 3. Upon the return of the committed person to a secure 10 facility, the director of human services or the director’s 11 designee shall notify the court that issued the ex parte order 12 that the absconder has been returned to a secure facility, and 13 the court shall set a hearing within five days to determine if 14 a violation occurred. If a court order was not issued, the 15 director or the director’s designee shall contact the nearest 16 district court with jurisdiction to set a hearing to determine 17 whether a violation of the rules or directives occurred. The 18 court shall schedule a hearing within five days of after 19 receiving notice that the committed person has been returned 20 from the transitional release program to a secure facility. 21 Sec. 8. Section 229A.9A, Code 2018, is amended to read as 22 follows: 23 229A.9A Release with or without supervision. 24 1. In any proceeding under section 229A.8 , the court may 25 order the committed person released with or without supervision 26 if any of the following apply: 27 a. The attorney general stipulates to the release with or 28 without supervision. 29 b. The court or jury has determined that the person should 30 be discharged released from the program a secure facility or 31 a transitional release program , but the court has determined 32 the person suffers from a mental abnormality and it is in the 33 best interest of the community to order release with or without 34 supervision before the committed person is discharged. 35 -3- LSB 5295DP (5) 87 jm/rh 3/ 10
S.F. _____ H.F. _____ 2. If release with or without supervision is ordered, the 1 department of human services shall prepare within sixty days of 2 the order of the court a release plan addressing the person’s 3 needs for counseling, medication, community support services, 4 residential services, vocational services, alcohol or other 5 drug abuse treatment, sex offender treatment, or any other 6 treatment or supervision necessary. 7 3. The court shall set a hearing on the release plan 8 prepared by the department of human services before the 9 committed person is released from a secure facility or a 10 transitional release program. 11 4. If the court orders release with supervision, the court 12 shall order supervision by an agency with jurisdiction that 13 is familiar with the placement of criminal offenders in the 14 community. The agency with jurisdiction shall be responsible 15 for initiating proceedings for violations of the release plan 16 as provided in section 229A.9B . If the court orders release 17 without supervision, the agency with jurisdiction shall also be 18 responsible for initiating proceedings for any violations of 19 the release plan as provided in section 229A.9B . 20 5. A committed person may not petition the court for release 21 with or without supervision. 22 6. A committed person released with or without supervision 23 is not considered discharged from civil commitment under this 24 chapter . 25 7. After being released with or without supervision, the 26 person may petition the court for discharge as provided in 27 section 229A.8 . 28 8. The court shall retain jurisdiction over the committed 29 person who has been released with or without supervision until 30 the person is discharged from the program. The department 31 of human services or a judicial district department of 32 correctional services shall not be held liable for any acts 33 committed by a committed person who has been ordered released 34 with or without supervision. 35 -4- LSB 5295DP (5) 87 jm/rh 4/ 10
S.F. _____ H.F. _____ Sec. 9. Section 229A.9B, Code 2018, is amended to read as 1 follows: 2 229A.9B Violations of release with or without supervision. 3 1. If a committed person violates the release plan, the 4 agency with jurisdiction over the person may request the 5 district court to issue an emergency ex parte order directing 6 any law enforcement officer to take the person into custody 7 so that the person can be returned to a secure facility. 8 The request for an ex parte order may be made orally or by 9 telephone, but the original written request or a facsimile copy 10 of the request shall be filed with the clerk of court no later 11 than 4:30 p.m. on the next business day the office of the clerk 12 of court is open. 13 2. If a committed person has absconded in violation of the 14 conditions of the person’s release plan, a presumption arises 15 that the person poses a risk to public safety. The department 16 of human services or contracting agency, in cooperation with 17 local law enforcement agencies, may make a public announcement 18 about the absconder. The public announcement may include a 19 description of the committed person, that the committed person 20 is on release with or without supervision from the sexually 21 violent predator program, and any other information pertinent 22 to public safety. 23 3. Upon the return of the committed person to a secure 24 facility, the director of human services or the director’s 25 designee shall notify the court that issued the ex parte 26 order that the committed person has been returned to a secure 27 facility, and the court shall set hearing within five days to 28 determine if a violation occurred. If a court order was not 29 issued, the director or the director’s designee shall contact 30 the nearest district court with jurisdiction to set a hearing 31 to determine whether a violation of the conditions of the 32 release plan occurred. The court shall schedule a hearing 33 within five days of after receiving notice that the committed 34 person has been returned to a secure facility. 35 -5- LSB 5295DP (5) 87 jm/rh 5/ 10
S.F. _____ H.F. _____ 4. At the hearing, the burden shall be upon the attorney 1 general to show by a preponderance of the evidence that a 2 violation of the release plan occurred. 3 5. If the court determines a violation occurred, the court 4 shall receive release recommendations from the department of 5 human services and either order that the committed person be 6 returned to release with or without supervision or placed 7 in a transitional release program, or be confined in a 8 secure facility. The court may impose further conditions 9 upon the committed person if returned to release with or 10 without supervision or placed in the transitional release 11 program. If the court determines no violation occurred, the 12 committed person shall be returned to release with or without 13 supervision. 14 Sec. 10. Section 229A.15, Code 2018, is amended to read as 15 follows: 16 229A.15 Court records —— sealed and opened by court order. 17 1. Any Except as otherwise provided in this section, any 18 psychological reports, drug and alcohol reports, treatment 19 records, reports of any diagnostic center, medical records, or 20 victim impact statements which have been submitted to the court 21 or admitted into evidence under this chapter shall be part of 22 the record but shall be sealed and opened only on order of the 23 court. 24 2. The documents described in subsection 1 shall be 25 available to the prosecuting attorney or attorney general, the 26 committed person, and the attorney for the committed person 27 without an order of the court. 28 Sec. 11. Section 901A.2, subsection 6, Code 2018, is amended 29 to read as follows: 30 6. A person who has been placed in a transitional release 31 program, released with or without supervision, or discharged 32 pursuant to chapter 229A , and who is subsequently convicted of 33 a sexually predatory offense or a sexually violent offense, 34 shall be sentenced to life in prison on the same terms as 35 -6- LSB 5295DP (5) 87 jm/rh 6/ 10
S.F. _____ H.F. _____ a class “A” felon under section 902.1 , notwithstanding any 1 other provision of the Code to the contrary. The terms and 2 conditions applicable to sentences for class “A” felons under 3 chapters 901 through 909 shall apply to persons sentenced under 4 this subsection . However, if the person commits a sexually 5 violent offense which is a misdemeanor offense under chapter 6 709 , the person shall be sentenced to life in prison, with 7 eligibility for parole as provided in chapter 906 . 8 Sec. 12. Section 903A.2, subsection 1, paragraph a, 9 subparagraph (2), Code 2018, is amended to read as follows: 10 (2) However, an inmate required to participate in a sex 11 offender treatment program shall not be eligible for a any 12 reduction of sentence unless until the inmate participates in 13 and completes a sex offender treatment program established by 14 the director. 15 Sec. 13. Section 903A.2, subsection 1, paragraph b, 16 subparagraph (2), Code 2018, is amended to read as follows: 17 (2) An inmate required to participate in a domestic abuse 18 treatment program shall not be eligible for a any reduction of 19 sentence unless until the inmate participates in and completes 20 a domestic abuse treatment program established by the director. 21 Sec. 14. Section 903A.3, subsection 1, Code 2018, is amended 22 to read as follows: 23 1. Upon finding that an inmate has violated an institutional 24 rule, has failed to complete a sex offender or domestic abuse 25 treatment program as specified in section 903A.2, or has 26 had an action or appeal dismissed under section 610A.2 , the 27 independent administrative law judge may order forfeiture of 28 any or all earned time accrued and not forfeited up to the 29 date of the violation by the inmate and may order forfeiture 30 of any or all earned time accrued and not forfeited up to 31 the date the action or appeal is dismissed, unless the court 32 entered such an order under section 610A.3 . The independent 33 administrative law judge has discretion within the guidelines 34 established pursuant to section 903A.4 , to determine the amount 35 -7- LSB 5295DP (5) 87 jm/rh 7/ 10
S.F. _____ H.F. _____ of time that should be forfeited based upon the severity of the 1 violation. Prior violations by the inmate may be considered by 2 the administrative law judge in the decision. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to sexually violent predators, the 7 accumulation of earned time by offenders, and providing 8 penalties. 9 The bill strikes a provision permitting a person committed 10 as a sexually violent predator under Code chapter 229A 11 (committed person) to be released from a secure facility or a 12 transitional release program without supervision. Currently, a 13 committed person may be released with or without supervision. 14 Current law provides that a final hearing on the status of 15 the committed person shall be held if a committed person shows 16 by a preponderance of the evidence that such a final hearing 17 should be held to determine either the mental abnormality 18 of the committed person has so changed that the person is 19 not likely to engage in predatory acts constituting sexually 20 violent offenses or the committed person is suitable for 21 placement in a transitional release program. 22 If the committed person proves by a preponderance of the 23 evidence that a final hearing should be held, current law 24 requires the court to set the final hearing within 60 days of 25 that determination. After the court’s determination that a 26 final hearing should be held, the bill permits the committed 27 person to waive the requirement that a final hearing be held 28 within 60 days of the court’s determination; however, the 29 committed person or the attorney for the committed person 30 may reassert a demand that a final hearing be held within 60 31 days from the date of filing the demand with the clerk of the 32 district court. 33 Currently, a committed person may be released to a 34 transitional release program. If the committed person absconds 35 -8- LSB 5295DP (5) 87 jm/rh 8/ 10
S.F. _____ H.F. _____ from the transitional release program, current law requires 1 the court to set a hearing within five days of the committed 2 person’s return to a secure facility in order to determine if a 3 violation occurred. The bill strikes the requirement that such 4 a hearing be held within five days of the committed person’s 5 return to a secure facility. 6 Under the bill, if the court or jury has determined that a 7 committed person should be released from a secure facility or a 8 transitional release program, but the court has determined the 9 committed person suffers from a mental abnormality and it is 10 in the best interest of the community, the court shall release 11 the committed person with supervision prior to discharge. 12 Under current law, if the court or jury has determined that a 13 committed person should be discharged from the sexually violent 14 predator program, the court may release the committed person 15 with or without supervision prior to such discharge if the 16 court determines it is in the best interests of the community. 17 If a committed person is released with supervision, the 18 bill specifies that a judicial district of department of 19 correctional services shall not be held liable for any acts 20 of the committed person. Currently, the department of human 21 services is the only designated agency that is not liable for 22 the acts of a committed person released with supervision. 23 If a person is released with supervision, and the person 24 absconds in violation of the release plan, the bill strikes 25 the requirement that a hearing be held within five days of the 26 committed person’s return to a secure facility in order to 27 determine if a violation occurred. 28 Under current law, any medical or treatment reports of 29 the committed person or victim impact statements which have 30 been submitted to the court or admitted into evidence shall 31 be sealed and opened only upon order of the court. The bill 32 specifies that the documents under seal shall be made available 33 to the prosecuting attorney, attorney general, committed 34 person, or attorney for the committed person without a court 35 -9- LSB 5295DP (5) 87 jm/rh 9/ 10
S.F. _____ H.F. _____ order. 1 The bill specifies that an inmate committed to the 2 department of corrections who is required to participate in 3 a sex offender treatment program shall not be eligible for 4 any reduction of a category “A” sentence until the inmate 5 participates in and completes a sex offender treatment program. 6 Currently, such an inmate is not eligible for a reduction of 7 sentence unless the inmate participates in and completes a 8 sex offender treatment program. An inmate serving a category 9 “A” sentence is eligible to receive one and two-tenths 10 days for each day the inmate demonstrates good conduct and 11 satisfactorily participates in any program or placement status. 12 The bill specifies that an inmate committed to the 13 department of corrections who is required to participate in 14 a domestic abuse treatment program shall not be eligible for 15 any reduction of a category “B” sentence until the inmate 16 participates in and completes a domestic abuse treatment 17 program. Currently, such an inmate is not eligible for a 18 reduction of sentence unless the inmate participates in and 19 completes a domestic abuse treatment program. An inmate 20 serving a category “B” sentence is eligible for a reduction of 21 sentence equal to fifteen eighty-fifths of a day for each day 22 of good conduct by the inmate. 23 Upon a finding of an independent administrative law judge, 24 the bill specifies that an inmate committed to the department 25 of corrections may be ordered to forfeit any or all earned 26 time, if the inmate has failed to complete a sex offender or 27 domestic abuse treatment program as specified in Code section 28 903A.2. 29 -10- LSB 5295DP (5) 87 jm/rh 10/ 10