This text of Iowa § 229A.8B (Violations of transitional release) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Thetreatmentstaffinatransitionalreleaseprogrammayremovethecommittedperson
from the program for a violation of any rule or directive, and return the person to a secure
facility. The treatment staff may request the district court to issue an emergency ex parte
order directing any law enforcement officer to take the committed person into custody so
that the person can be returned to a secure facility. The request for an ex parte order may be
madeorallyorbytelephone,buttheoriginalwrittenrequestorafacsimilecopyoftheoriginal
request shall be filed with the clerk of court no later than 4:30 p.m. on the next business day
the office of the clerk of court is open.
2.If a committed person absconds from a transitional release program in violation of
the rules or directives, a presumption arises th
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1. Thetreatmentstaffinatransitionalreleaseprogrammayremovethecommittedperson
from the program for a violation of any rule or directive, and return the person to a secure
facility. The treatment staff may request the district court to issue an emergency ex parte
order directing any law enforcement officer to take the committed person into custody so
that the person can be returned to a secure facility. The request for an ex parte order may be
madeorallyorbytelephone,buttheoriginalwrittenrequestorafacsimilecopyoftheoriginal
request shall be filed with the clerk of court no later than 4:30 p.m. on the next business day
the office of the clerk of court is open.
2. If a committed person absconds from a transitional release program in violation of
the rules or directives, a presumption arises that the person poses a risk to public safety.
The department, in cooperation with local law enforcement agencies, may make a public
announcement about the absconder. The public announcement may include a description
of the committed person, that the person is in transitional release from the sexually violent
predator program, and any other information important to public safety.
3. Upon the return of the committed person to a secure facility, the director or the
director’s designee shall notify the court that issued the ex parte order that the absconder
has been returned to a secure facility, and the court shall set a hearing to determine if a
violation occurred. If a court order was not issued, the director or the director’s designee
shall contact the nearest district court with jurisdiction to set a hearing to determine whether
a violation of the rules or directives occurred. The court shall schedule a hearing after
receiving notice that the committed person has been returned from the transitional release
program to a secure facility.
§229A.8B, COMMITMENT OF SEXUALLY VIOLENT PREDATORS 12
4. At the hearing, the burden shall be upon the attorney general to show by a
preponderance of the evidence that a violation of the rules or directives occurred. The
hearing shall be to the court.
5. If the court determines a violation occurred, the court shall either order the committed
person to be returned to the transitional release program or to be confined in a secure facility.
The court may impose further conditions upon the committed person if returned to the
transitional release program. If the court determines no violation occurred, the committed
person shall be returned to the transitional release program.