229A.1 Legislative findings.
1. The general assembly finds that a small but extremely dangerous group of sexually violent predators exists which is made up of persons who do not have a mental disease or defect that renders them appropriate for involuntary treatment pursuant to the treatment provisions for mentally ill persons under chapter 229, since that chapter is intended to provide short-term treatment to persons with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment under chapter 229, sexually violent predators generally have antisocial personality features that are unamenable to existing mental illness treatment modalities and that render them likely to engage in sexually violent behavior.
2. The general assembly finds that sexually violent predators’ likelihood of engaging in repeat acts of predatory sexual violence is high and that the existing involuntary commitment procedure under chapter 229 is inadequate to address the risk these sexually violent predators pose to society.
3. The general assembly further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, because the treatment needs of this population are very long-term, and the treatment modalities for this population are very different from the traditional treatment modalities available in a prison setting or for persons appropriate for commitment under chapter 229.
4. Therefore, the general assembly finds that a civil commitment procedure for the long-term care and treatment of the sexually violent predator is necessary. The procedures regarding sexually violent predators should reflect legitimate public safety concerns, while providing treatment services designed to benefit sexually violent predators who are civilly committed. The procedures should also reflect the need to protect the public, to respect the needs of the victims of sexually violent offenses, and to encourage full, meaningful participation of sexually violent predators in treatment programs.
98 Acts, ch 1171, §1; 2002 Acts, ch 1139, §1, 27; 2019 Acts, ch 24, §19
Structure Iowa Code
Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS
Section 229A.1 - Legislative findings.
Section 229A.4 - Petition — time — contents.
Section 229A.5 - Person taken into custody — determination of probable cause — hearing — evaluation.
Section 229A.5A - Powers of investigative personnel before a petition is filed.
Section 229A.5B - Escape from custody — penalty.
Section 229A.5C - Criminal offenses committed while detained or subject to an order of commitment.
Section 229A.5D - Medical treatment.
Section 229A.6 - Counsel and experts — indigent persons.
Section 229A.6A - Transport orders.
Section 229A.7 - Trial — determination — commitment procedure — chapter 28E agreements — mistrials.
Section 229A.8A - Transitional release.
Section 229A.8B - Violations of transitional release.
Section 229A.9 - Detention and commitment to conform to constitutional requirements.
Section 229A.9A - Release with supervision.
Section 229A.9B - Violations of release with supervision.
Section 229A.10 - Petition for discharge — procedure.
Section 229A.11 - Subsequent discharge or transitional release petitions — limitations.
Section 229A.12 - Director of human services — responsibility for costs — reimbursement.
Section 229A.12A - Director of the department of corrections — responsibility for safekeeper.
Section 229A.13 - Severability.
Section 229A.14 - Release of confidential or privileged information and records.
Section 229A.15 - Court records — sealed and opened by court order.
Section 229A.15A - Civil protective order.