229A.5A Powers of investigative personnel before a petition is filed.
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, examine the witnesses under oath, and require the production of documentary evidence for inspection, reproduction, or copying. Except as otherwise provided by this section, the prosecuting attorney or attorney general shall have the same powers and limitations, subject to judicial oversight and enforcement, as provided by this chapter and by the Iowa rules of civil procedure. Any person compelled to appear under a demand for oral testimony under this section may be accompanied, represented, and advised by counsel at the person’s own expense.
2. The examination of all witnesses under this section shall be conducted by the prosecuting attorney or attorney general before an officer authorized to administer oaths under section 63A.1. The testimony shall be taken by a certified shorthand reporter or by a sound recording device and shall be transcribed or otherwise preserved in the same manner as provided for the preservation of depositions under the Iowa rules of civil procedure. The prosecuting attorney or attorney general may exclude from the examination all persons except the witness, witness’s counsel, the officer before whom the testimony is to be taken, law enforcement officials, and a certified shorthand reporter. Prior to oral examination, the person shall be advised by the prosecuting attorney or attorney general of the person’s right to refuse to answer any questions on the basis of the privilege against self-incrimination. The examination shall be conducted in a manner consistent with the rules dealing with the taking of depositions.
99 Acts, ch 61, §5, 14; 2000 Acts, ch 1058, §23
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.