229A.3 Notice of discharge of sexually violent predator — immunity from liability — multidisciplinary team — prosecutor’s review committee — assessment of person.
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 any of the following events:
a. The anticipated discharge of a person who has been convicted of a sexually violent offense from total confinement, except that in the case of a person who is returned to prison for no more than ninety days as a result of revocation of parole, written notice shall be given as soon as practicable following the person’s readmission to prison.
b. The discharge of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to chapter 812.
c. The discharge of a person who has been found not guilty by reason of insanity of a sexually violent offense.
2. If notice is given under subsection 1, the agency with jurisdiction shall inform the attorney general and the multidisciplinary team established in subsection 4, of both of the following:
a. The person’s name, identifying factors, anticipated future residence, and offense history.
b. Documentation of any institutional evaluation and any treatment received.
3. The agency with jurisdiction, its employees, officials, members of the multidisciplinary team established in subsection 4, members of the prosecutor’s review committee appointed as provided in subsection 5, and individuals contracting, appointed, or volunteering to perform services under this section shall be immune from liability for any good-faith conduct under this section.
4. The director of the department of corrections shall establish a multidisciplinary team which may include individuals from other state agencies to review available records of each person referred to such team pursuant to subsection 1. The team, within thirty days of receiving notice, shall assess whether or not the person meets the definition of a sexually violent predator. The team shall notify the attorney general of its assessment.
5. The attorney general shall appoint a prosecutor’s review committee to review the records of each person referred to the attorney general pursuant to subsection 1. The prosecutor’s review committee shall assist the attorney general in the determination of whether or not the person meets the definition of a sexually violent predator. The assessment of the multidisciplinary team shall be made available to the attorney general and the prosecutor’s review committee.
6. This section shall not be construed as a limit on persons subject to commitment under this chapter.
98 Acts, ch 1171, §3; 2019 Acts, ch 17, §3
Referred to in §229A.5A, 229A.14
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.