229A.8 ANNUAL EXAMINATIONS AND REVIEW -- DISCHARGE OR
TRANSITIONAL RELEASE PETITIONS BY PERSONS COMMITTED.
1. Upon civil commitment of a person pursuant to this chapter, a
rebuttable presumption exists that the commitment should continue.
The presumption may be rebutted when facts exist to warrant a hearing
to determine whether a committed person no longer suffers from a
mental abnormality which makes the person likely to engage in
predatory acts constituting sexually violent offenses if discharged,
or the committed person is suitable for placement in a transitional
release program.
2. A person committed under this chapter shall have a current
examination of the person's mental abnormality made once every year.
The person may retain, or if the person is indigent and so requests,
the court may appoint a qualified expert or professional person to
examine such person, and such expert or professional person shall be
given access to all records concerning the person.
3. The annual report shall be provided to the court that
committed the person under this chapter. The court shall conduct an
annual review and, if warranted, set a final hearing on the status of
the committed person. The annual review may be based only on written
records.
4. Nothing contained in this chapter shall prohibit the person
from otherwise petitioning the court for discharge or placement in a
transitional release program at the annual review. The director of
human services shall provide the committed person with an annual
written notice of the person's right to petition the court for
discharge or placement in a transitional release program without
authorization from the director. The notice shall contain a waiver
of rights. The director shall forward the notice and waiver form to
the court with the annual report.
5. The following provisions apply to an annual review:
a. The committed person shall have a right to have an
attorney represent the person but the person is not entitled to be
present at the hearing, if a hearing is held.
b. The Iowa rules of evidence do not apply.
c. The committed person may waive an annual review or may
stipulate that the commitment should continue for another year.
d. The court shall review the annual report of the state and
the report of any qualified expert or professional person retained by
or appointed for the committed person and may receive arguments from
the attorney general and the attorney for the committed person if
either requests a hearing. The request for a hearing must be in
writing, within thirty days of the notice of annual review being
provided to counsel for the committed person, or on motion by the
court. Such a hearing may be conducted in writing without any
attorneys present.
e. (1) The court shall consider all evidence presented by
both parties at the annual review. The burden is on the committed
person to prove by a preponderance of the evidence that there is
relevant and reliable evidence to rebut the presumption of continued
commitment, which would lead a reasonable person to believe a final
hearing should be held to determine either of the following:
(a) The mental abnormality of the committed person has so changed
that the person is not likely to engage in predatory acts
constituting sexually violent offenses if discharged.
(b) The committed person is suitable for placement in a
transitional release program pursuant to section 229A.8A.
(2) If the committed person shows by a preponderance of the
evidence that a final hearing should be held on either determination
under subparagraph (1), subparagraph division (a) or (b), or both,
the court shall set a final hearing within sixty days of the
determination that a final hearing be held.
f. If at the time for the annual review the committed person
has filed a petition for discharge or placement in a transitional
release program with authorization from the director of human
services, the court shall set a final hearing within ninety days of
the authorization by the director, and no annual review shall be
held.
g. If the committed person has not filed a petition, or has
filed a petition for discharge or for placement in a transitional
release program without authorization from the director of human
services, the court shall first conduct the annual review as provided
in this subsection.
h. Any petition can summarily be dismissed by the court as
provided in section 229A.11.
i. If at the time of the annual review the committed person
is in a secure facility and not in the transitional release program,
the state shall have the right to demand that both determinations in
paragraph "e" be submitted to the court or jury.
6. The following provisions shall apply to a final hearing:
a. The committed person shall be entitled to an attorney and
is entitled to the benefit of all constitutional protections that
were afforded the person at the original commitment proceeding. The
committed person shall be entitled to a jury trial, if such a demand
is made in writing and filed with the clerk of court at least ten
days prior to the final hearing.
b. The committed person shall have the right to have experts
evaluate the person on the person's behalf. The court shall appoint
an expert if the person is indigent and requests an appointment.
c. The attorney general shall represent the state and shall
have a right to demand a jury trial. The jury demand shall be filed,
in writing, at least ten days prior to the final hearing.
d. The burden of proof at the final hearing shall be upon the
state to prove beyond a reasonable doubt either of the following:
(1) The committed person's mental abnormality remains such that
the person is likely to engage in predatory acts that constitute
sexually violent offenses if discharged.
(2) The committed person is not suitable for placement in a
transitional release program pursuant to section 229A.8A.
e. If the director of human services has authorized the
committed person to petition for discharge or for placement in a
transitional release program and the case is before a jury, testimony
by a victim of a prior sexually violent offense committed by the
person is not admissible. If the director has not authorized the
petition or the case is before the court, testimony by a victim of a
sexually violent offense committed by the person may be admitted.
f. If a mistrial is declared, the confinement or placement
status of the committed person shall not change. After a mistrial
has been declared, a new trial must be held within ninety days of the
mistrial.
7. The state and the committed person may stipulate to a transfer
to a transitional release program if the court approves the
stipulation.
Section History: Recent Form
98 Acts, ch 1171, §8; 2002 Acts, ch 1139, §10, 27; 2009 Acts, ch
41, §229; 2009 Acts, ch 116, §1
Referred to in § 229A.5B, 229A.9A
229A.8 ANNUAL EXAMINATIONS AND REVIEW -- DISCHARGE OR
TRANSITIONAL RELEASE PETITIONS BY PERSONS COMMITTED.
1. Upon civil commitment of a person pursuant to this chapter, a
rebuttable presumption exists that the commitment should continue.
The presumption may be rebutted when facts exist to warrant a hearing
to determine whether a committed person no longer suffers from a
mental abnormality which makes the person likely to engage in
predatory acts constituting sexually violent offenses if discharged,
or the committed person is suitable for placement in a transitional
release program.
2. A person committed under this chapter shall have a current
examination of the person's mental abnormality made once every year.
The person may retain, or if the person is indigent and so requests,
the court may appoint a qualified expert or professional person to
examine such person, and such expert or professional person shall be
given access to all records concerning the person.
3. The annual report shall be provided to the court that
committed the person under this chapter. The court shall conduct an
annual review and, if warranted, set a final hearing on the status of
the committed person. The annual review may be based only on written
records.
4. Nothing contained in this chapter shall prohibit the person
from otherwise petitioning the court for discharge or placement in a
transitional release program at the annual review. The director of
human services shall provide the committed person with an annual
written notice of the person's right to petition the court for
discharge or placement in a transitional release program without
authorization from the director. The notice shall contain a waiver
of rights. The director shall forward the notice and waiver form to
the court with the annual report.
5. The following provisions apply to an annual review:
a. The committed person shall have a right to have an
attorney represent the person but the person is not entitled to be
present at the hearing, if a hearing is held.
b. The Iowa rules of evidence do not apply.
c. The committed person may waive an annual review or may
stipulate that the commitment should continue for another year.
d. The court shall review the annual report of the state and
the report of any qualified expert or professional person retained by
or appointed for the committed person and may receive arguments from
the attorney general and the attorney for the committed person if
either requests a hearing. The request for a hearing must be in
writing, within thirty days of the notice of annual review being
provided to counsel for the committed person, or on motion by the
court. Such a hearing may be conducted in writing without any
attorneys present.
e. (1) The court shall consider all evidence presented by
both parties at the annual review. The burden is on the committed
person to prove by a preponderance of the evidence that there is
relevant and reliable evidence to rebut the presumption of continued
commitment, which would lead a reasonable person to believe a final
hearing should be held to determine either of the following:
(a) The mental abnormality of the committed person has so changed
that the person is not likely to engage in predatory acts
constituting sexually violent offenses if discharged.
(b) The committed person is suitable for placement in a
transitional release program pursuant to section 229A.8A.
(2) If the committed person shows by a preponderance of the
evidence that a final hearing should be held on either determination
under subparagraph (1), subparagraph division (a) or (b), or both,
the court shall set a final hearing within sixty days of the
determination that a final hearing be held.
f. If at the time for the annual review the committed person
has filed a petition for discharge or placement in a transitional
release program with authorization from the director of human
services, the court shall set a final hearing within ninety days of
the authorization by the director, and no annual review shall be
held.
g. If the committed person has not filed a petition, or has
filed a petition for discharge or for placement in a transitional
release program without authorization from the director of human
services, the court shall first conduct the annual review as provided
in this subsection.
h. Any petition can summarily be dismissed by the court as
provided in section 229A.11.
i. If at the time of the annual review the committed person
is in a secure facility and not in the transitional release program,
the state shall have the right to demand that both determinations in
paragraph "e" be submitted to the court or jury.
6. The following provisions shall apply to a final hearing:
a. The committed person shall be entitled to an attorney and
is entitled to the benefit of all constitutional protections that
were afforded the person at the original commitment proceeding. The
committed person shall be entitled to a jury trial, if such a demand
is made in writing and filed with the clerk of court at least ten
days prior to the final hearing.
b. The committed person shall have the right to have experts
evaluate the person on the person's behalf. The court shall appoint
an expert if the person is indigent and requests an appointment.
c. The attorney general shall represent the state and shall
have a right to demand a jury trial. The jury demand shall be filed,
in writing, at least ten days prior to the final hearing.
d. The burden of proof at the final hearing shall be upon the
state to prove beyond a reasonable doubt either of the following:
(1) The committed person's mental abnormality remains such that
the person is likely to engage in predatory acts that constitute
sexually violent offenses if discharged.
(2) The committed person is not suitable for placement in a
transitional release program pursuant to section 229A.8A.
e. If the director of human services has authorized the
committed person to petition for discharge or for placement in a
transitional release program and the case is before a jury, testimony
by a victim of a prior sexually violent offense committed by the
person is not admissible. If the director has not authorized the
petition or the case is before the court, testimony by a victim of a
sexually violent offense committed by the person may be admitted.
f. If a mistrial is declared, the confinement or placement
status of the committed person shall not change. After a mistrial
has been declared, a new trial must be held within ninety days of the
mistrial.
7. The state and the committed person may stipulate to a transfer
to a transitional release program if the court approves the
stipulation.
Section History: Recent Form
98 Acts, ch 1171, §8; 2002 Acts, ch 1139, §10, 27; 2009 Acts, ch
41, §229; 2009 Acts, ch 116, §1
Referred to in § 229A.5B, 229A.9A
229A.8 ANNUAL EXAMINATIONS AND REVIEW -- DISCHARGE OR
TRANSITIONAL RELEASE PETITIONS BY PERSONS COMMITTED.
1. Upon civil commitment of a person pursuant to this chapter, a
rebuttable presumption exists that the commitment should continue.
The presumption may be rebutted when facts exist to warrant a hearing
to determine whether a committed person no longer suffers from a
mental abnormality which makes the person likely to engage in
predatory acts constituting sexually violent offenses if discharged,
or the committed person is suitable for placement in a transitional
release program.
2. A person committed under this chapter shall have a current
examination of the person's mental abnormality made once every year.
The person may retain, or if the person is indigent and so requests,
the court may appoint a qualified expert or professional person to
examine such person, and such expert or professional person shall be
given access to all records concerning the person.
3. The annual report shall be provided to the court that
committed the person under this chapter. The court shall conduct an
annual review and, if warranted, set a final hearing on the status of
the committed person. The annual review may be based only on written
records.
4. Nothing contained in this chapter shall prohibit the person
from otherwise petitioning the court for discharge or placement in a
transitional release program at the annual review. The director of
human services shall provide the committed person with an annual
written notice of the person's right to petition the court for
discharge or placement in a transitional release program without
authorization from the director. The notice shall contain a waiver
of rights. The director shall forward the notice and waiver form to
the court with the annual report.
5. The following provisions apply to an annual review:
a. The committed person shall have a right to have an
attorney represent the person but the person is not entitled to be
present at the hearing, if a hearing is held.
b. The Iowa rules of evidence do not apply.
c. The committed person may waive an annual review or may
stipulate that the commitment should continue for another year.
d. The court shall review the annual report of the state and
the report of any qualified expert or professional person retained by
or appointed for the committed person and may receive arguments from
the attorney general and the attorney for the committed person if
either requests a hearing. The request for a hearing must be in
writing, within thirty days of the notice of annual review being
provided to counsel for the committed person, or on motion by the
court. Such a hearing may be conducted in writing without any
attorneys present.
e. (1) The court shall consider all evidence presented by
both parties at the annual review. The burden is on the committed
person to prove by a preponderance of the evidence that there is
relevant and reliable evidence to rebut the presumption of continued
commitment, which would lead a reasonable person to believe a final
hearing should be held to determine either of the following:
(a) The mental abnormality of the committed person has so changed
that the person is not likely to engage in predatory acts
constituting sexually violent offenses if discharged.
(b) The committed person is suitable for placement in a
transitional release program pursuant to section 229A.8A.
(2) If the committed person shows by a preponderance of the
evidence that a final hearing should be held on either determination
under subparagraph (1), subparagraph division (a) or (b), or both,
the court shall set a final hearing within sixty days of the
determination that a final hearing be held.
f. If at the time for the annual review the committed person
has filed a petition for discharge or placement in a transitional
release program with authorization from the director of human
services, the court shall set a final hearing within ninety days of
the authorization by the director, and no annual review shall be
held.
g. If the committed person has not filed a petition, or has
filed a petition for discharge or for placement in a transitional
release program without authorization from the director of human
services, the court shall first conduct the annual review as provided
in this subsection.
h. Any petition can summarily be dismissed by the court as
provided in section 229A.11.
i. If at the time of the annual review the committed person
is in a secure facility and not in the transitional release program,
the state shall have the right to demand that both determinations in
paragraph "e" be submitted to the court or jury.
6. The following provisions shall apply to a final hearing:
a. The committed person shall be entitled to an attorney and
is entitled to the benefit of all constitutional protections that
were afforded the person at the original commitment proceeding. The
committed person shall be entitled to a jury trial, if such a demand
is made in writing and filed with the clerk of court at least ten
days prior to the final hearing.
b. The committed person shall have the right to have experts
evaluate the person on the person's behalf. The court shall appoint
an expert if the person is indigent and requests an appointment.
c. The attorney general shall represent the state and shall
have a right to demand a jury trial. The jury demand shall be filed,
in writing, at least ten days prior to the final hearing.
d. The burden of proof at the final hearing shall be upon the
state to prove beyond a reasonable doubt either of the following:
(1) The committed person's mental abnormality remains such that
the person is likely to engage in predatory acts that constitute
sexually violent offenses if discharged.
(2) The committed person is not suitable for placement in a
transitional release program pursuant to section 229A.8A.
e. If the director of human services has authorized the
committed person to petition for discharge or for placement in a
transitional release program and the case is before a jury, testimony
by a victim of a prior sexually violent offense committed by the
person is not admissible. If the director has not authorized the
petition or the case is before the court, testimony by a victim of a
sexually violent offense committed by the person may be admitted.
f. If a mistrial is declared, the confinement or placement
status of the committed person shall not change. After a mistrial
has been declared, a new trial must be held within ninety days of the
mistrial.
7. The state and the committed person may stipulate to a transfer
to a transitional release program if the court approves the
stipulation.
Section History: Recent Form
98 Acts, ch 1171, §8; 2002 Acts, ch 1139, §10, 27; 2009 Acts, ch
41, §229; 2009 Acts, ch 116, §1
Referred to in § 229A.5B, 229A.9A
