229A.11 - SUBSEQUENT DISCHARGE OR TRANSITIONAL RELEASE PETITIONS -- LIMITATIONS.
229A.11 SUBSEQUENT DISCHARGE OR TRANSITIONAL RELEASE
PETITIONS -- LIMITATIONS.
Nothing in this chapter shall prohibit a person from filing a
petition for discharge or placement in a transitional release
program, pursuant to this chapter. However, if a person has
previously filed a petition for discharge or for placement in a
transitional release program without the authorization of the
director of human services, and the court determines either upon
review of the petition or following a hearing that the petition was
frivolous or that the petitioner's condition had not so changed that
the person was not likely to engage in predatory acts constituting
sexually violent offenses if discharged, or was not suitable for
placement in the transitional release program, then the court shall
summarily deny the subsequent petition unless the petition contains
facts upon which a court could find the condition of the petitioner
had so changed that a hearing was warranted. Upon receipt of a first
or subsequent petition from a committed person without the director's
authorization, the court shall endeavor whenever possible to review
the petition and determine if the petition is based upon frivolous
grounds. If the court determines that a petition is frivolous, the
court shall dismiss the petition without a hearing. Section History: Recent Form
98 Acts, ch 1171, §11; 2002 Acts, ch 1139, §16, 27
Referred to in § 229A.8