Bill Text: IA SF2211 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the civil commitment of a sexually violent predator. (Formerly SSB 3076.) Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-03 - Signed by Governor. S.J. 719. [SF2211 Detail]
Download: Iowa-2013-SF2211-Introduced.html
Bill Title: A bill for an act relating to the civil commitment of a sexually violent predator. (Formerly SSB 3076.) Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-03 - Signed by Governor. S.J. 719. [SF2211 Detail]
Download: Iowa-2013-SF2211-Introduced.html
Senate
File
2211
-
Introduced
SENATE
FILE
2211
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3076)
A
BILL
FOR
An
Act
relating
to
the
civil
commitment
of
a
sexually
violent
1
predator.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
229A.2,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
“Convicted”
means
found
guilty
of,
3
pleads
guilty
to,
or
is
sentenced
or
adjudicated
delinquent
4
for
an
act
which
is
an
indictable
offense
in
this
state
or
in
5
another
jurisdiction
including
in
a
federal,
military,
tribal,
6
or
foreign
court,
including
but
not
limited
to
a
juvenile
who
7
has
been
adjudicated
delinquent,
but
whose
juvenile
court
8
records
have
been
sealed
under
section
232.150,
and
a
person
9
who
has
received
a
deferred
sentence
or
a
deferred
judgment
10
or
has
been
acquitted
by
reason
of
insanity.
“Conviction”
11
includes
the
conviction
of
a
juvenile
prosecuted
as
an
adult.
12
“Convicted”
also
includes
a
conviction
for
an
attempt
or
13
conspiracy
to
commit
an
offense.
“Convicted”
does
not
mean
a
14
plea,
sentence,
adjudication,
deferred
sentence,
or
deferred
15
judgment
which
has
been
reversed
or
otherwise
set
aside.
16
Sec.
2.
Section
229A.9A,
subsection
2,
Code
2014,
is
amended
17
to
read
as
follows:
18
2.
If
release
with
or
without
supervision
is
ordered,
the
19
department
of
human
services
shall
prepare
within
thirty
sixty
20
days
of
the
order
of
the
court
a
release
plan
addressing
the
21
person’s
needs
for
counseling,
medication,
community
support
22
services,
residential
services,
vocational
services,
alcohol
23
or
other
drug
abuse
treatment,
sex
offender
treatment,
or
any
24
other
treatment
or
supervision
necessary.
25
Sec.
3.
Section
232.55,
subsection
2,
paragraph
a,
Code
26
2014,
is
amended
to
read
as
follows:
27
a.
Adjudication
and
disposition
proceedings
under
this
28
division
are
not
admissible
as
evidence
against
a
person
in
a
29
subsequent
proceeding
in
any
other
court
before
or
after
the
30
person
reaches
majority
except
in
a
proceeding
pursuant
to
31
chapter
229A
or
in
a
sentencing
proceeding
after
conviction
32
of
the
person
for
an
offense
other
than
a
simple
or
serious
33
misdemeanor.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
the
definition
of
a
sexually
violent
3
predator
for
purposes
of
civil
commitment
procedures.
4
For
purposes
of
determining
whether
a
person
has
previously
5
been
convicted
of
a
sexually
violent
offense
for
civil
6
commitment
as
a
sexually
violent
predator,
the
bill
defines
7
“convicted”
to
mean
found
guilty
of,
pleads
guilty
to,
or
is
8
sentenced
or
adjudicated
delinquent
for
an
act
which
is
an
9
indictable
offense
in
this
state
or
in
another
jurisdiction
10
including
in
a
federal,
military,
tribal,
or
foreign
11
court,
including
but
not
limited
to
a
juvenile
who
has
been
12
adjudicated
delinquent,
but
whose
juvenile
court
records
have
13
been
sealed
under
Code
section
232.150,
and
a
person
who
has
14
received
a
deferred
sentence
or
a
deferred
judgment
or
has
been
15
acquitted
by
reason
of
insanity.
“Conviction”
includes
the
16
conviction
of
a
juvenile
prosecuted
as
an
adult.
“Convicted”
17
also
includes
a
conviction
for
an
attempt
or
conspiracy
to
18
commit
an
offense.
“Convicted”
does
not
mean
a
plea,
sentence,
19
adjudication,
deferred
sentence,
or
deferred
judgment
which
20
has
been
reversed
or
otherwise
set
aside.
Current
law
does
21
not
define
“conviction”
in
Code
chapter
229A.
The
term
22
“conviction”
generally
does
not
include
deferred
judgments
or
23
juvenile
adjudications.
24
The
bill
extends
the
time
period
the
department
of
human
25
services
has
to
prepare
a
release
plan
for
a
person
committed
26
as
a
sexually
violent
predator
who
is
ordered
released
by
27
the
court
from
30
days
to
60
days.
Code
section
229A.9A(3)
28
prohibits
a
committed
person
from
being
released
prior
to
the
29
court
setting
a
hearing
on
the
release
plan
developed
by
the
30
department
of
human
services.
31
Code
section
232.55
is
amended
to
permit
the
use
of
juvenile
32
delinquency
proceedings
as
evidence
in
the
civil
commitment
33
proceeding
of
a
sexually
violent
predator
under
Code
chapter
34
229A.
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