Iowa Code 229A.9A – Release with supervision
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1. In any proceeding under section 229A.8, the court may order the committed person released with supervision if any of the following apply:
a. The attorney general stipulates to the release with supervision.
b. The court or jury has determined that the person should be released from a secure facility or a transitional release program, but the court has determined the person suffers from a mental abnormality and it is in the best interest of the community to order release with supervision before the committed person is discharged.
Terms Used In Iowa Code 229A.9A
- Agency with jurisdiction: means an agency which has custody of or releases a person serving a sentence or term of confinement or is otherwise in confinement based upon a lawful order or authority, and includes but is not limited to the department of corrections, the department of health and human services, a judicial district department of correctional services, and the Iowa board of parole. See Iowa Code 229A.2
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- Department: means the department of health and human services. See Iowa Code 229A.2
- Department: means the department of health and human services. See Iowa Code 249L.2
- Discharge: means an unconditional discharge from the sexually violent predator program. See Iowa Code 229A.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mental abnormality: means a congenital or acquired condition affecting the emotional or volitional capacity of a person and predisposing that person to commit sexually violent offenses to a degree which would constitute a menace to the health and safety of others. See Iowa Code 229A.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Transitional release: means a conditional release from a secure facility operated by the department with the conditions of such release set by the court or the department. See Iowa Code 229A.2
2. If release with supervision is ordered, the department 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, substance use disorder 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 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.
5. A committed person may not petition the court for release with supervision.
6. A committed person released with supervision is not considered discharged from civil commitment under this chapter.
7. After being released with 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 supervision until the person is discharged from the program. The department or a judicial district department of correctional services shall not be held liable for any acts committed by a committed person who has been ordered released with supervision.