229A.8A - TRANSITIONAL RELEASE.
229A.8A TRANSITIONAL RELEASE.
1. The department of human services is authorized to establish a
transitional release program and provide control, care, and
treatment, and supervision of committed persons placed in such a
program.
2. A committed person is suitable for placement in the
transitional release program if the court finds that all of the
following apply:
a. The committed person's mental abnormality is no longer
such that the person is a high risk to reoffend.
b. The committed person has achieved and demonstrated
significant insights into the person's sex offending cycle.
c. The committed person has accepted responsibility for past
behavior and understands the impact sexually violent crimes have upon
a victim.
d. A detailed relapse prevention plan has been developed and
accepted by the treatment provider which is appropriate for the
committed person's mental abnormality and sex offending history.
e. No major discipline reports have been issued for the
committed person for a period of six months.
f. The committed person is not likely to escape or attempt to
escape custody pursuant to section 229A.5B.
g. The committed person is not likely to engage in predatory
acts constituting sexually violent offenses while in the program.
h. The placement is in the best interest of the committed
person.
i. The committed person has demonstrated a willingness to
agree to and abide by all rules of the program.
3. If the committed person does not agree to the conditions of
release, the person is not eligible for the transitional release
program.
4. A committed person who refuses to register as a sex offender
is not eligible for placement in a transitional release program.
5. Committed persons in the transitional release program are not
necessarily required to be segregated from other persons.
6. The department of human services shall be responsible for
establishing and implementing the rules and directives regarding the
location of the transitional release program, staffing needs,
restrictions on confinement and the movement of committed persons,
and for assessing the progress of committed persons in the program.
The court may also impose conditions on a committed person placed in
the program.
7. The department of human services may contract with other
government or private agencies, including the department of
corrections, to implement and administer the transitional release
program. Section History: Recent Form
2002 Acts, ch 1139, §11, 27; 2003 Acts, ch 44, §47; 2004 Acts, ch
1175, §463, 468
Referred to in § 229A.8