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229a-9a
229A.9A RELEASE WITH OR WITHOUT SUPERVISION.
1. In any proceeding under section 229A.8, the court may order
the committed person released with or without supervision if any of
the following apply:
a. The attorney general stipulates to the release with or
without supervision.
b. The court or jury has determined that the person should be
discharged from the program, but the court has determined it is in
the best interest of the community to order release with or without
supervision before the committed person is discharged.
2. If release with or without supervision is ordered, the
department of human services shall prepare within thirty days of the
order of the court a release plan addressing the person's needs for
counseling, medication, community support services, residential
services, vocational services, alcohol or other drug abuse treatment,
sex offender treatment, or any other treatment or supervision
necessary.
3. The court shall set a hearing on the release plan prepared by
the department of human services before the committed person is
released from a secure facility or a transitional release program.
4. If the court orders release with supervision, the court shall
order supervision by an agency with jurisdiction that is familiar
with the placement of criminal offenders in the community. The
agency with jurisdiction shall be responsible for initiating
proceedings for violations of the release plan as provided in section
229A.9B. If the court orders release without supervision, the agency
with jurisdiction shall also be responsible for initiating
proceedings for any violations of the release plan as provided in
section 229A.9B.
5. A committed person may not petition the court for release with
or without supervision.
6. A committed person released with or without supervision is not
considered discharged from civil commitment under this chapter.
7. After being released with or without supervision, the person
may petition the court for discharge as provided in section 229A.8.
8. The court shall retain jurisdiction over the committed person
who has been released with or without supervision until the person is
discharged from the program. The department of human services shall
not be held liable for any acts committed by a committed person who
has been ordered released with or without supervision. Section History: Recent Form
2002 Acts, ch 1139, §13, 27
