229A.5 PERSON TAKEN INTO CUSTODY, DETERMINATION OF
PROBABLE CAUSE, HEARING, EVALUATION.
1. Upon filing of a petition under section 229A.4, the court
shall make a preliminary determination as to whether probable cause
exists to believe that the person named in the petition is a sexually
violent predator. Upon a preliminary finding of probable cause, the
court shall direct that the person named in the petition be taken
into custody and that the person be served with a copy of the
petition and any supporting documentation and notice of the
procedures required by this chapter. If the person is in custody at
the time of the filing of the petition, the court shall determine
whether a transfer of the person to an appropriate secure facility is
appropriate pending the outcome of the proceedings or whether the
custody order should be delayed until the date of release of the
person.
2. Within seventy-two hours after being taken into custody or
being transferred to an appropriate secure facility, a hearing shall
be held to determine whether probable cause exists to believe the
detained person is a sexually violent predator. The hearing may be
waived by the respondent. The hearing may be continued upon the
request of either party and a showing of good cause, or by the court
on its own motion in the due administration of justice, and if the
respondent is not substantially prejudiced. At the probable cause
hearing, the detained person shall have the following rights:
a. To be provided with prior notice of date, time, and
location of the probable cause hearing.
b. To respond to the preliminary finding of probable cause.
c. To appear in person at the hearing.
d. To be represented by counsel.
e. To present evidence on the respondent's own behalf.
f. To cross-examine witnesses who testify against the
respondent.
g. To view and copy all petitions and reports in the
possession of the court.
3. At the hearing, the rules of evidence do not apply, and the
state may rely solely upon the petition filed under subsection 1, but
the state may also supplement the petition with additional
documentary evidence or live testimony.
4. At the conclusion of the hearing, the court shall enter an
order which does both of the following:
a. Verifies the respondent's identity.
b. Determines whether probable cause exists to believe that
the respondent is a sexually violent predator.
5. If the court determines that probable cause does exist, the
court shall direct that the respondent be transferred to an
appropriate secure facility for an evaluation as to whether the
respondent is a sexually violent predator. The evaluation shall be
conducted by a person deemed to be professionally qualified to
conduct such an examination.
Section History: Recent Form
98 Acts, ch 1171, §5; 99 Acts, ch 61, §3, 4, 14; 2002 Acts, ch
1139, §3, 27
Referred to in §229A.5B, 229A.5C, 229A.6A, 229A.7, 229A.12A, 811.1
229A.5 PERSON TAKEN INTO CUSTODY, DETERMINATION OF
PROBABLE CAUSE, HEARING, EVALUATION.
1. Upon filing of a petition under section 229A.4, the court
shall make a preliminary determination as to whether probable cause
exists to believe that the person named in the petition is a sexually
violent predator. Upon a preliminary finding of probable cause, the
court shall direct that the person named in the petition be taken
into custody and that the person be served with a copy of the
petition and any supporting documentation and notice of the
procedures required by this chapter. If the person is in custody at
the time of the filing of the petition, the court shall determine
whether a transfer of the person to an appropriate secure facility is
appropriate pending the outcome of the proceedings or whether the
custody order should be delayed until the date of release of the
person.
2. Within seventy-two hours after being taken into custody or
being transferred to an appropriate secure facility, a hearing shall
be held to determine whether probable cause exists to believe the
detained person is a sexually violent predator. The hearing may be
waived by the respondent. The hearing may be continued upon the
request of either party and a showing of good cause, or by the court
on its own motion in the due administration of justice, and if the
respondent is not substantially prejudiced. At the probable cause
hearing, the detained person shall have the following rights:
a. To be provided with prior notice of date, time, and
location of the probable cause hearing.
b. To respond to the preliminary finding of probable cause.
c. To appear in person at the hearing.
d. To be represented by counsel.
e. To present evidence on the respondent's own behalf.
f. To cross-examine witnesses who testify against the
respondent.
g. To view and copy all petitions and reports in the
possession of the court.
3. At the hearing, the rules of evidence do not apply, and the
state may rely solely upon the petition filed under subsection 1, but
the state may also supplement the petition with additional
documentary evidence or live testimony.
4. At the conclusion of the hearing, the court shall enter an
order which does both of the following:
a. Verifies the respondent's identity.
b. Determines whether probable cause exists to believe that
the respondent is a sexually violent predator.
5. If the court determines that probable cause does exist, the
court shall direct that the respondent be transferred to an
appropriate secure facility for an evaluation as to whether the
respondent is a sexually violent predator. The evaluation shall be
conducted by a person deemed to be professionally qualified to
conduct such an examination.
Section History: Recent Form
98 Acts, ch 1171, §5; 99 Acts, ch 61, §3, 4, 14; 2002 Acts, ch
1139, §3, 27
Referred to in §229A.5B, 229A.5C, 229A.6A, 229A.7, 229A.12A, 811.1
229A.5 PERSON TAKEN INTO CUSTODY, DETERMINATION OF
PROBABLE CAUSE, HEARING, EVALUATION.
1. Upon filing of a petition under section 229A.4, the court
shall make a preliminary determination as to whether probable cause
exists to believe that the person named in the petition is a sexually
violent predator. Upon a preliminary finding of probable cause, the
court shall direct that the person named in the petition be taken
into custody and that the person be served with a copy of the
petition and any supporting documentation and notice of the
procedures required by this chapter. If the person is in custody at
the time of the filing of the petition, the court shall determine
whether a transfer of the person to an appropriate secure facility is
appropriate pending the outcome of the proceedings or whether the
custody order should be delayed until the date of release of the
person.
2. Within seventy-two hours after being taken into custody or
being transferred to an appropriate secure facility, a hearing shall
be held to determine whether probable cause exists to believe the
detained person is a sexually violent predator. The hearing may be
waived by the respondent. The hearing may be continued upon the
request of either party and a showing of good cause, or by the court
on its own motion in the due administration of justice, and if the
respondent is not substantially prejudiced. At the probable cause
hearing, the detained person shall have the following rights:
a. To be provided with prior notice of date, time, and
location of the probable cause hearing.
b. To respond to the preliminary finding of probable cause.
c. To appear in person at the hearing.
d. To be represented by counsel.
e. To present evidence on the respondent's own behalf.
f. To cross-examine witnesses who testify against the
respondent.
g. To view and copy all petitions and reports in the
possession of the court.
3. At the hearing, the rules of evidence do not apply, and the
state may rely solely upon the petition filed under subsection 1, but
the state may also supplement the petition with additional
documentary evidence or live testimony.
4. At the conclusion of the hearing, the court shall enter an
order which does both of the following:
a. Verifies the respondent's identity.
b. Determines whether probable cause exists to believe that
the respondent is a sexually violent predator.
5. If the court determines that probable cause does exist, the
court shall direct that the respondent be transferred to an
appropriate secure facility for an evaluation as to whether the
respondent is a sexually violent predator. The evaluation shall be
conducted by a person deemed to be professionally qualified to
conduct such an examination.
Section History: Recent Form
98 Acts, ch 1171, §5; 99 Acts, ch 61, §3, 4, 14; 2002 Acts, ch
1139, §3, 27
Referred to in §229A.5B, 229A.5C, 229A.6A, 229A.7, 229A.12A, 811.1
