229A.9B - VIOLATIONS OF RELEASE WITH OR WITHOUT SUPERVISION.
229A.9B VIOLATIONS OF RELEASE WITH OR WITHOUT
SUPERVISION.
1. If a committed person violates the release plan, the agency
with jurisdiction over the person may request the district court to
issue an emergency ex parte order directing any law enforcement
officer to take the person into custody so that the person can be
returned to a secure facility. The request for an ex parte order may
be made orally or by telephone, but the original written request or a
facsimile copy of the request shall be filed with the clerk of court
no later than four-thirty p.m. on the next business day the office of
the clerk of court is open.
2. If a committed person has absconded in violation of the
conditions of the person's release plan, a presumption arises that
the person poses a risk to public safety. The department of human
services or contracting agency, 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 committed person is on release with or
without supervision from the sexually violent predator program, and
any other information pertinent to public safety.
3. Upon the return of the committed person to a secure facility,
the director of human services or the director's designee shall
notify the court that issued the ex parte order that the committed
person has been returned to a secure facility, and the court shall
set hearing within five days 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 conditions
of the release plan occurred. The court shall schedule a hearing
within five days of receiving notice that the committed person has
been returned to a secure facility.
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
release plan occurred.
5. If the court determines a violation occurred, the court shall
receive release recommendations from the department of human services
and either order that the committed person be returned to release
with or without supervision or placed in a transitional release
program, or be confined in a secure facility. The court may impose
further conditions upon the committed person if returned to release
with or without supervision or placed in the transitional release
program. If the court determines no violation occurred, the
committed person shall be returned to release with or without
supervision. Section History: Recent Form
2002 Acts, ch 1139, §14, 27
Referred to in § 229A.9A