229A.4 - PETITION, TIME, CONTENTS.
229A.4 PETITION, TIME, CONTENTS.
1. If it appears that a person presently confined may be a
sexually violent predator and the prosecutor's review committee has
determined that the person meets the definition of a sexually violent
predator, the attorney general may file a petition alleging that the
person is a sexually violent predator and stating sufficient facts to
support such an allegation.
2. A prosecuting attorney of the county in which the person was
convicted or charged, or the attorney general if requested by the
prosecuting attorney, may file a petition alleging that a person is a
sexually violent predator and stating sufficient facts to support
such an allegation, if it appears that a person who has committed a
recent overt act meets any of the following criteria:
a. The person was convicted of a sexually violent offense and
has been discharged after the completion of the sentence imposed for
the offense.
b. The person was charged with, but was acquitted of, a
sexually violent offense by reason of insanity and has been released
from confinement or any supervision.
c. The person was charged with, but was found to be
incompetent to stand trial for, a sexually violent offense and has
been released from confinement or any supervision. Section History: Recent Form
98 Acts, ch 1171, §4; 99 Acts, ch 61, §2, 14
Referred to in §229A.5, 229A.6