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229a-1
229A.1 LEGISLATIVE FINDINGS.
The general assembly finds that a small but extremely dangerous
group of sexually violent predators exists which is made up of
persons who do not have a mental disease or defect that renders them
appropriate for involuntary treatment pursuant to the treatment
provisions for mentally ill persons under chapter 229, since that
chapter is intended to provide short-term treatment to persons with
serious mental disorders and then return them to the community. In
contrast to persons appropriate for civil commitment under chapter
229, sexually violent predators generally have antisocial personality
features that are unamenable to existing mental illness treatment
modalities and that render them likely to engage in sexually violent
behavior. The general assembly finds that sexually violent
predators' likelihood of engaging in repeat acts of predatory sexual
violence is high and that the existing involuntary commitment
procedure under chapter 229 is inadequate to address the risk these
sexually violent predators pose to society.
The general assembly further finds that the prognosis for
rehabilitating sexually violent predators in a prison setting is
poor, because the treatment needs of this population are very
long-term, and the treatment modalities for this population are very
different from the traditional treatment modalities available in a
prison setting or for persons appropriate for commitment under
chapter 229. Therefore, the general assembly finds that a civil
commitment procedure for the long-term care and treatment of the
sexually violent predator is necessary. The procedures regarding
sexually violent predators should reflect legitimate public safety
concerns, while providing treatment services designed to benefit
sexually violent predators who are civilly committed. The procedures
should also reflect the need to protect the public, to respect the
needs of the victims of sexually violent offenses, and to encourage
full, meaningful participation of sexually violent predators in
treatment programs. Section History: Recent Form
98 Acts, ch 1171, §1; 2002 Acts, ch 1139, §1, 27
