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Iowa Code (Last Updated: December 05, 2016) |
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Title VI. HUMAN SERVICES |
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Chapter 229A. COMMITMENT OF SEXUALLY VIOLENT PREDATORS |
Section 229A.9A. Release with or without supervision.
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1. In any proceeding under section 229A.8, the court may order the committed person released with or without supervision if any of the following apply:
a. The attorney general stipulates to the release with or without supervision.
b. The court or jury has determined that the person should be discharged from the program, but the court has determined it is in the best interest of the community to order release with or without supervision before the committed person is discharged.
2. If release with or without supervision is ordered, the department of human services shall prepare within sixty days of the order of the court a release plan addressing the person’s needs for counseling, medication, community support services, residential services, vocational services, alcohol or other drug abuse treatment, sex offender treatment, or any other treatment or supervision necessary.
3. The court shall set a hearing on the release plan prepared by the department of human services before the committed person is released from a secure facility or a transitional release program.
4. If the court orders release with supervision, the court shall order supervision by an agency with jurisdiction that is familiar with the placement of criminal offenders in the community. The agency with jurisdiction shall be responsible for initiating proceedings for violations of the release plan as provided in section 229A.9B. If the court orders release without supervision, the agency with jurisdiction shall also be responsible for initiating proceedings for any violations of the release plan as provided in section 229A.9B.
5. A committed person may not petition the court for release with or without supervision.
6. A committed person released with or without supervision is not considered discharged from civil commitment under this chapter.
7. After being released with or without supervision, the person may petition the court for discharge as provided in section 229A.8.
8. The court shall retain jurisdiction over the committed person who has been released with or without supervision until the person is discharged from the program. The department of human services shall not be held liable for any acts committed by a committed person who has been ordered released with or without supervision.