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229a-3
229A.3 NOTICE OF DISCHARGE OF SEXUALLY VIOLENT
PREDATOR -- IMMUNITY FROM LIABILITY -- MULTIDISCIPLINARY TEAM --
PROSECUTOR'S REVIEW COMMITTEE -- ASSESSMENT OF PERSON.
1. When it appears that a person who is confined may meet the
definition of a sexually violent predator, the agency with
jurisdiction shall give written notice to the attorney general and
the multidisciplinary team established in subsection 4, no later than
ninety days prior to any of the following events:
a. The anticipated discharge of a person who has been
convicted of a sexually violent offense from total confinement,
except that in the case of a person who is returned to prison for no
more than ninety days as a result of revocation of parole, written
notice shall be given as soon as practicable following the person's
readmission to prison.
b. The discharge of a person who has been charged with a
sexually violent offense and who has been determined to be
incompetent to stand trial pursuant to chapter 812.
c. The discharge of a person who has been found not guilty by
reason of insanity of a sexually violent offense.
2. If notice is given under subsection 1, the agency with
jurisdiction shall inform the attorney general and the
multidisciplinary team established in subsection 4, of both of the
following:
a. The person's name, identifying factors, anticipated future
residence, and offense history.
b. Documentation of any institutional evaluation and any
treatment received.
3. The agency with jurisdiction, its employees, officials,
members of the multidisciplinary team established in subsection 4,
members of the prosecutor's review committee appointed as provided in
subsection 5, and individuals contracting, appointed, or volunteering
to perform services under this section shall be immune from liability
for any good-faith conduct under this section.
4. The director of the department of corrections shall establish
a multidisciplinary team which may include individuals from other
state agencies to review available records of each person referred to
such team pursuant to subsection 1. The team, within thirty days of
receiving notice, shall assess whether or not the person meets the
definition of a sexually violent predator. The team shall notify the
attorney general of its assessment.
5. The attorney general shall appoint a prosecutor's review
committee to review the records of each person referred to the
attorney general pursuant to subsection 1. The prosecutor's review
committee shall assist the attorney general in the determination of
whether or not the person meets the definition of a sexually violent
predator. The assessment of the multidisciplinary team shall be made
available to the attorney general and the prosecutor's review
committee. Section History: Recent Form
98 Acts, ch 1171, §3
Referred to in §229A.5A, 229A.14
