Terms Used In Iowa Code > Chapter 229A - Commitment of Sexually Violent Predators

• 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 human services, a judicial district department of correctional services, and the Iowa board of parole. See Iowa Code 229A.2
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appropriate secure facility: means a state facility that is designed to confine but not necessarily to treat a sexually violent predator. See Iowa Code 229A.2
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Convicted: includes the conviction of a juvenile prosecuted as an adult. See Iowa Code 229A.2
• Conviction: A judgement of guilt against a criminal defendant.
• 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 human services. See Iowa Code 249L.2
• Discharge: means an unconditional discharge from the sexually violent predator program. See Iowa Code 229A.2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Institution: means a birthing hospital. See Iowa Code 252A.2
• 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
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Oversight: Committee review of the activities of a Federal agency or program.
• Party: means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. See Iowa Code 252A.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
• Petitioner: includes each dependent person for whom support is sought in a proceeding instituted pursuant to this chapter or a mother or putative father of a dependent. See Iowa Code 252A.2
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Predatory: means acts directed toward a person with whom a relationship has been established or promoted for the primary purpose of victimization. See Iowa Code 229A.2
• Presently confined: means incarceration or detention in a correctional facility, a rehabilitation camp, a residential facility, a county jail, a halfway house, or any other comparable facility, including but not limited to placement at such a facility as a condition of probation, parole, or special sentence following conviction for a sexually violent offense. See Iowa Code 229A.2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Recent overt act: means any act that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm. See Iowa Code 229A.2
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Respondent: includes each person against whom a proceeding is instituted pursuant to this chapter. See Iowa Code 252A.2
• Rule: includes "regulation". See Iowa Code 4.1
• Safekeeper: means a person who is confined in an appropriate secure facility pursuant to this chapter but who is not subject to an order of commitment pursuant to this chapter. See Iowa Code 229A.2
• Sexually motivated: means that one of the purposes for commission of a crime is the purpose of sexual gratification of the perpetrator of the crime. See Iowa Code 229A.2
• Sexually violent offense: means :
   a. See Iowa Code 229A.2
• Sexually violent predator: means a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent offenses, if not confined in a secure facility. See Iowa Code 229A.2
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transitional release: means a conditional release from a secure facility operated by the department of human services with the conditions of such release set by the court or the department of human services. See Iowa Code 229A.2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes all the states. See Iowa Code 4.1
• Verdict: The decision of a petit jury or a judge.
• year: means twelve consecutive months. See Iowa Code 4.1