Title VI, HUMAN SERVICES (Ch. 216 - 255A)

The director of the department of corrections shall have authority, once a person is detained pursuant to section 229A.5 , to make a determination as to the appropriate secure facility within the department of corrections in which the safekeeper is to be placed, taking into consi…

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application and, to this end, th…

Notwithstanding any provision in the Code regarding confidentiality to the contrary, any relevant information and records which would otherwise be confidential or privileged, except information subject to attorney-client privilege and attorney work product, shall be released to t…

1. Except as otherwise provided in this section , any psychological reports, drug and alcohol reports, treatment records, reports of any diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this cha…

A victim of a crime that was committed before the filing of a petition under this chapter by a safekeeper or by a person subjected to an order of civil commitment pursuant to this chapter , may obtain a protective order against the safekeeper or person using the procedures set ou…

The department shall adopt rules pursuant to chapter 17A necessary to administer this chapter . 2002 Acts, ch 1139, §21, 27 ; 2023 Acts, ch 19, §549

This chapter shall be known and may be cited as the “Sexually Violent Predator Act” . 98 Acts, ch 1171, §17

As used in this chapter : 1. “Agency with jurisdiction” means an agency which has custody of or releases a person serving a sentence or term of confinement or is otherwise in confinement based upon a lawful order or authority, and includes but is not limited to the department of …

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 …

1. If it appears that a person presently confined may be a sexually violent predator and the prosecutor’s review committee has determined that the person meets the definition of a sexually violent predator, the attorney general may file a petition alleging that the person is a se…

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 …

1. The prosecuting attorney or attorney general is authorized upon the occurrence of a recent overt act, or upon receiving written notice pursuant to section 229A.3 , or before the filing of a petition under this chapter , to subpoena and compel the attendance of witnesses, exami…

1. A person who is detained pursuant to section 229A.5 or is subject to an order of civil commitment under this chapter shall remain in custody unless released by court order or discharged under section 229A.8 or 229A.10 . A person who has been placed in a transitional release pr…

1. If a person who is detained pursuant to section 229A.5 or who is subject to an order of civil commitment under this chapter commits a public offense, the civil commitment proceedings or treatment process shall be suspended until the criminal proceedings, including any term of …

A safekeeper is entitled to necessary medical treatment. 2002 Acts, ch 1139, §6, 27

1. A respondent to a petition alleging the person to be a sexually violent predator shall be entitled to the assistance of counsel upon the filing of the petition under section 229A.4 and, if the respondent is indigent, the court shall appoint counsel to assist the respondent at …

1. A person who has been detained prior to trial pursuant to section 229A.5 or who has been civilly committed may be transported for the following purposes: a. To trial and any other court proceedings if the court has authorized a transport order. A transport order may only be re…

1. If the person charged with a sexually violent offense has been found incompetent to stand trial and the person is about to be released pursuant to chapter 812 , or if a petition has been filed seeking the person’s commitment under this chapter , the court shall first hear evid…

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 abnor…

1. The department may establish a transitional release program and provide control, care, and treatment, and supervision of committed persons placed in such a program. 2. A committed person is suitable for placement in the transitional release program if the court finds that all …

1. The treatment staff in a transitional release program may remove the committed person from the program for a violation of any rule or directive, and return the person to a secure facility. The treatment staff may request the district court to issue an emergency ex parte order …

The involuntary detention or commitment of persons under this chapter shall conform to constitutional requirements for care and treatment. 98 Acts, ch 1171, §9

1. In any proceeding under section 229A.8 , the court may order the committed person released with supervision if any of the following apply: a. The attorney general stipulates to the release with supervision. b. The court or jury has determined that the person should be released…

1. If a committed person violates the release plan, the agency with jurisdiction over the person may request the court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody so that the person can be returned to a secure facilit…