229A.5C - CRIMINAL OFFENSES COMMITTED WHILE DETAINED OR SUBJECT TO AN ORDER OF COMMITMENT.
229A.5C CRIMINAL OFFENSES COMMITTED WHILE DETAINED OR
SUBJECT TO AN ORDER OF COMMITMENT.
1. If a person who is detained pursuant to section 229A.5 or who
is subject to an order of civil commitment under this chapter commits
a public offense, the civil commitment proceedings or treatment
process shall be suspended until the criminal proceedings, including
any term of confinement, are completed. The person shall also not be
eligible for bail pursuant to section 811.1.
2. Upon the filing of a complaint, indictment, or information,
the person shall be transferred to the county jail in the county
where the public offense occurred until the criminal proceedings have
been completed. If the person is sentenced to a term of confinement
in a county jail, the person shall serve the sentence at the county
jail. If the person is sentenced to the custody of the director of
the department of corrections, the person shall serve the sentence at
a correctional institution.
3. A person who is subject to an order of civil commitment under
this chapter shall not be released from jail or paroled or released
to a facility or program located outside the county jail or
correctional institution other than to a secure facility operated by
the department of human services.
4. A person who committed a public offense while in a
transitional release program or on release with or without
supervision may be returned to a secure facility operated by the
department of human services upon completion of any term of
confinement that resulted from the commission of the public offense.
5. If the civil commitment proceedings for a person are suspended
due to the commission of a public offense by the person, the
ninety-day trial demand lapses. Upon completion of any term of
confinement that resulted from the commission of the public offense,
a new ninety-day trial demand automatically begins. Section History: Recent Form
2002 Acts, ch 1139, §5, 27