Sexually Violent Predator
(Iowa Code Chapter 229A (2009))
The Supreme Court has consistently upheld involuntary commitment statutes that detain people who are unable to control their behavior and thereby pose a danger to the public health and safety, provided the confinement takes place pursuant to proper procedures and evidentiary standards. Foucha v. Louisiana, 504 U.S. 71, 80. The Court generally sustains a commitment statute if it couples proof of dangerousness with proof of some additional factor, such as a “mental illness” or “mental abnormality,” see e.g. Heller v. Doe, 509 U.S. 312, 314-315…, for these additional requirements serve to limit confinement to those who suffer from a volitional impairment rendering them dangerous beyond their control. Kansas v. Hendricks, 521 U.S. 346 (1997). Restraint of the dangerously mentally ill has been historically regarded as a legitimate nonpunitive objective. Heller . Cf. United States v. Salerno, 481 U.S. 739, 747. A potentially indefinite confinement as long as not linked to a punitive objective, is allowed as long as the purpose is holding a person until his mental abnormality no longer causes him to be a threat to others. Heller. Confinement does not amount to a second prosecution and punishment for the offense for which he was convicted since the commitment is civil, and does not violate the Double Jeopardy Clause. Baxtrom v. Herold , 383 U.S. 107.
Iowa procedures for determining whether a person is a sexually violent predator are detailed in Code chapter 229A. When a person is confined and may meet the definition of a sexually violent predator, the agency with jurisdiction gives notice to the attorney general and the multidisciplinary team. The attorney general will file a petition alleging a sexually violent predator, and a hearing is held. Iowa Code section 229A.4-229A.5 (2009).
Probable cause is the standard for determining whether the person is a sexually violent predator. Iowa Code § 229A.5 (2009). If there is probable cause, then the court directs the respondent to be transferred to a secure facility for an evaluation.
Upon civil commitment, a rebuttable presumption exists that commitment should continue. The presumption is rebutted with fact warranting a hearing that the committed person no longer suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent offenses if discharged, or the committed person is suitable for placement in a transitional release program. Iowa Code section 229A.8 (2009).
An annual review is conducted of the person’s mental abnormality. The court may appoint a qualified expert or professional person if the respondent is indigent, and the respondent may petition for release. Iowa Code section 229A.8 (2009). Petition procedures are detailed in Iowa Code section 229A.10 (2009).
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