229A.5C Criminal offenses committed while detained or subject to an order of commitment.
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 confinement, are completed. The person shall also not be eligible for bail pursuant to section 811.1.
2. Upon the filing of a complaint, indictment, or information, the person shall be transferred to the county jail in the county where the public offense occurred until the criminal proceedings have been completed. If the person is sentenced to a term of confinement in a county jail, the person shall serve the sentence at the county jail. If the person is sentenced to the custody of the director of the department of corrections, the person shall serve the sentence at a correctional institution.
3. A person who is subject to an order of civil commitment under this chapter shall not be released from jail or paroled or released to a facility or program located outside the county jail or correctional institution other than to a secure facility operated by the department of human services.
4. A person who committed a public offense while in a transitional release program or on release with supervision may be returned to a secure facility operated by the department of human services upon completion of any term of confinement that resulted from the commission of the public offense.
5. If the civil commitment proceedings for a person are suspended due to the commission of a public offense by the person, the ninety-day trial demand lapses. Upon completion of any term of confinement that resulted from the commission of the public offense, a new ninety-day trial demand automatically begins.
2002 Acts, ch 1139, §5, 27; 2018 Acts, ch 1165, §98
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.