Bill Text: IA SSB3024 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the civil commitment of sexually violent predators.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-16 - In Judiciary [SSB3024 Detail]
Download: Iowa-2013-SSB3024-Introduced.html
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
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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
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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
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_____
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
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