reglab/housing_qa huggingface dataset:
IA Code § 229A.5C (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 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 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.  2002 Acts, ch 1139, §5, 27; 2018 Acts, ch 1165, §98
IA Code § 229A.5D (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.5D - Medical treatment.

229A.5D Medical treatment.   A safekeeper is entitled to necessary medical treatment.  2002 Acts, ch 1139, §6, 27
IA Code § 229A.6 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.6 - Counsel and experts — indigent persons.

229A.6 Counsel and experts — indigent persons.   1. A respondent to a petition alleging the person to be a sexually violent predator shall be entitled to the assistance of counsel upon the filing of the petition under section 229A.4 and, if the respondent is indigent, the court shall appoint counsel to assist the respondent at state expense.   2. If a respondent is subjected to an examination under this chapter, the respondent may retain experts or professional persons to perform an independent examination on the respondent’s behalf. If the respondent wishes to be examined by a qualified expert or professional person of the respondent’s own choice, the examiner of the respondent’s choice shall be given reasonable access to the respondent for the purpose of the examination, as well as access to all relevant medical and psychological records and reports. If the respondent is indigent, the court, upon the respondent’s request, shall determine whether the services are necessary and the reasonable compensation for the services. If the court determines that the services are necessary and the requested compensation for the services is reasonable, the court shall assist the respondent in obtaining an expert or professional person to perform an examination or participate in the trial on the respondent’s behalf. The court shall approve payment for such services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the respondent, and compensation received in the same case or for the same services from any other source.  98 Acts, ch 1171, §6
IA Code § 229A.6A (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.6A - Transport orders.

229A.6A Transport orders.   1. A person who has been detained prior to trial pursuant to section 229A.5 or who has been civilly committed may be transported for the following purposes:   a. To trial and any other court proceedings if the court has authorized a transport order. A transport order may only be requested by the court, the person’s attorney, or the attorney general. Transportation shall be provided by the sheriff of the county in which the action has been brought, unless the court specifies otherwise or the parties agree to a different transportation arrangement. If a transport order is not authorized, the person may appear at any court proceedings other than trial by telephone or electronic means.   b. To a medical facility for medical treatment, if necessary medical treatment is not available at the facility where the person is confined. A transport order is not required to transport the person for medical treatment. However, the person is not entitled to choose the medical facility where treatment is to be obtained or the medical personnel to provide the treatment. Transportation of a committed person shall be provided by the sheriff of the county in which the person is confined if requested by the department of human services.   c. To a medical, psychological, or psychiatric evaluation. A person shall not be transported to another facility for evaluation without a court order. When a transportation order is requested under this paragraph, notice must be provided to the opposing party, and the opposing party must be given a reasonable amount of time to object to the issuance of such an order. The cost of the transportation shall be paid by the party who requests the order.   d. To a facility for placement or treatment in a transitional release program or for release with supervision. A transport order is not required under this paragraph.   2. This section shall not be construed to grant a person the right to personally appear at all court proceedings under this chapter.  2002 Acts, ch 1139, §7, 27; 2018 Acts, ch 1165, §99
IA Code § 229A.8A (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 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.  2002 Acts, ch 1139, §11, 27; 2003 Acts, ch 44, §47; 2004 Acts, ch 1175, §463, 468  Referred to in §229A.8
IA Code § 229A.8B (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.8B - Violations of transitional release.

229A.8B Violations of transitional release.   1. The treatment staff in a transitional release program may remove the committed person from the program for a violation of any rule or directive, and return the person to a secure facility. The treatment staff may request the district court to issue an emergency ex parte order directing any law enforcement officer to take the committed 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 original request shall be filed with the clerk of court no later than 4:30 p.m. on the next business day the office of the clerk of court is open.   2. If a committed person absconds from a transitional release program in violation of the rules or directives, a presumption arises that the person poses a risk to public safety. The department of human services, 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 person is in transitional release from the sexually violent predator program, and any other information important 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 absconder has been returned to a secure facility, and the court shall set a hearing 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 rules or directives occurred. The court shall schedule a hearing after receiving notice that the committed person has been returned from the transitional release program 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 rules or directives occurred. The hearing shall be to the court.   5. If the court determines a violation occurred, the court shall either order the committed person to be returned to the transitional release program or to be confined in a secure facility. The court may impose further conditions upon the committed person if returned to the transitional release program. If the court determines no violation occurred, the committed person shall be returned to the transitional release program.  2002 Acts, ch 1139, §12, 27; 2018 Acts, ch 1165, §101
IA Code § 229A.9 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.9 - Detention and commitment to conform to constitutional requirements.

229A.9 Detention and commitment to conform to constitutional requirements.   The involuntary detention or commitment of persons under this chapter shall conform to constitutional requirements for care and treatment.  98 Acts, ch 1171, §9
IA Code § 229A.9A (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.9A - Release with supervision.

229A.9A Release with supervision.   1. In any proceeding under section 229A.8, the court may order the committed person released with supervision if any of the following apply:   a. The attorney general stipulates to the release with supervision.   b. The court or jury has determined that the person should be released from a secure facility or a transitional release program, but the court has determined the person suffers from a mental abnormality and it is in the best interest of the community to order release with supervision before the committed person is discharged.   2. If release with supervision is ordered, the department of human services shall prepare within sixty days of the order of the court a release plan addressing the person’s needs for counseling, medication, community support services, residential services, vocational services, alcohol or other drug abuse treatment, sex offender treatment, or any other treatment or supervision necessary.   3. The court shall set a hearing on the release plan prepared by the department of human services before the committed person is released from a secure facility or a transitional release program.   4. If the court orders release with supervision, the court shall order supervision by an agency with jurisdiction that is familiar with the placement of criminal offenders in the community. The agency with jurisdiction shall be responsible for initiating proceedings for violations of the release plan as provided in section 229A.9B.   5. A committed person may not petition the court for release with supervision.   6. A committed person released with supervision is not considered discharged from civil commitment under this chapter.   7. After being released with supervision, the person may petition the court for discharge as provided in section 229A.8.   8. The court shall retain jurisdiction over the committed person who has been released with supervision until the person is discharged from the program. The department of human services or a judicial district department of correctional services shall not be held liable for any acts committed by a committed person who has been ordered released with supervision.  2002 Acts, ch 1139, §13, 27; 2014 Acts, ch 1059, §2; 2018 Acts, ch 1165, §102
IA Code § 229A.9B (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.9B - Violations of release with supervision.

229A.9B Violations of release with supervision.   1. If a committed person violates the release plan, the agency with jurisdiction over the person may request the 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 4:30 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 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 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 after 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 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 supervision or placed in the transitional release program. If the court determines no violation occurred, the committed person shall be returned to release with supervision.  2002 Acts, ch 1139, §14, 27; 2018 Acts, ch 1165, §103  Referred to in §229A.9A
IA Code § 229A.10 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.10 - Petition for discharge — procedure.

229A.10 Petition for discharge — procedure.   1. If the director of human services determines that the person’s mental abnormality has so changed that the person is not likely to engage in predatory acts that constitute sexually violent offenses if discharged, the director shall authorize the person to petition the court for discharge. The petition shall be served upon the court and the attorney general. The court, upon receipt of the petition for discharge, shall order a hearing within thirty days. The attorney general shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the attorney general’s choice. The hearing shall be before a jury if demanded by either the petitioner or the attorney general. If the attorney general objects to the petition for discharge, the burden of proof shall be upon the attorney general to show beyond a reasonable doubt that the petitioner’s mental abnormality or personality disorder remains such that the petitioner is likely to engage in predatory acts that constitute sexually violent offenses if discharged.   2. Upon a finding that the state has failed to meet its burden of proof under this section, the court shall authorize the committed person to be discharged.  98 Acts, ch 1171, §10; 99 Acts, ch 61, §8, 14; 2002 Acts, ch 1139, §15, 27; 2003 Acts, ch 44, §48  Referred to in §229A.5B
IA Code § 229A.11 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.11 - Subsequent discharge or transitional release petitions — limitations.

229A.11 Subsequent discharge or transitional release petitions — limitations.   Nothing in this chapter shall prohibit a person from filing a petition for discharge or placement in a transitional release program, pursuant to this chapter. However, if a person has previously filed a petition for discharge or for placement in a transitional release program without the authorization of the director of human services, and the court determines either upon review of the petition or following a hearing that the petition was frivolous or that the petitioner’s condition had not so changed that the person was not likely to engage in predatory acts constituting sexually violent offenses if discharged, or was not suitable for placement in the transitional release program, then the court shall summarily deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director’s authorization, the court shall endeavor whenever possible to review the petition and determine if the petition is based upon frivolous grounds. If the court determines that a petition is frivolous, the court shall dismiss the petition without a hearing.  98 Acts, ch 1171, §11; 2002 Acts, ch 1139, §16, 27  Referred to in §229A.8
IA Code § 229A.12 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.12 - Director of human services — responsibility for costs — reimbursement.

229A.12 Director of human services — responsibility for costs — reimbursement.   The director of human services shall be responsible for all costs relating to the evaluation, treatment, and services provided to a person that are incurred after the person is committed to the director’s custody after the court or jury determines that the respondent is a sexually violent predator and pursuant to commitment under any provision of this chapter. If placement in a transitional release program or supervision is ordered, the director shall also be responsible for all costs related to the transitional release program or to the supervision and treatment of any person. Reimbursement may be obtained by the director from the patient and any person legally liable or bound by contract for the support of the patient for the cost of confinement or of care and treatment provided. To the extent allowed by the United States social security administration, any benefit payments received by the person pursuant to the federal Social Security Act shall be used for the costs incurred. As used in this section, “any person legally liable” does not include a political subdivision.  98 Acts, ch 1171, §12; 98 Acts, ch 1181, §26; 99 Acts, ch 61, §9, 14; 2002 Acts, ch 1139, §17, 27; 2005 Acts, ch 175, §99
IA Code § 229A.12A (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.12A - Director of the department of corrections — responsibility for safekeeper.

229A.12A Director of the department of corrections — responsibility for safekeeper.   The director of the department of corrections shall have authority, once a person is detained pursuant to section 229A.5, to make a determination as to the appropriate secure facility within the department of corrections in which the safekeeper is to be placed, taking into consideration the safekeeper’s medical needs and ability to interact with offenders who have been committed to the custody of the director of the department of corrections. The director has authority to determine the safekeeper’s degree of segregation from offenders, including whether total segregation is appropriate under the circumstances or whether the safekeeper should be permitted to participate in normal confinement activities in the presence of offenders.  2002 Acts, ch 1139, §18, 27
IA Code § 229A.13 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS|Section 229A.13 - Severability.

229A.13 Severability.   If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are severable.  98 Acts, ch 1171, §14