229A.10 Petition for discharge — procedure.
1. If the director of human services determines that the person’s mental abnormality has so changed that the person is not likely to engage in predatory acts that constitute sexually violent offenses if discharged, the director shall authorize the person to petition the court for discharge. The petition shall be served upon the court and the attorney general. The court, upon receipt of the petition for discharge, shall order a hearing within thirty days. The attorney general shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the attorney general’s choice. The hearing shall be before a jury if demanded by either the petitioner or the attorney general. If the attorney general objects to the petition for discharge, the burden of proof shall be upon the attorney general to show beyond a reasonable doubt that the petitioner’s mental abnormality or personality disorder remains such that the petitioner is likely to engage in predatory acts that constitute sexually violent offenses if discharged.
2. Upon a finding that the state has failed to meet its burden of proof under this section, the court shall authorize the committed person to be discharged.
98 Acts, ch 1171, §10; 99 Acts, ch 61, §8, 14; 2002 Acts, ch 1139, §15, 27; 2003 Acts, ch 44, §48
Referred to in §229A.5B
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.