Iowa Code 229A.8A – Transitional release
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1. The department may establish a transitional release program and provide control, care, and treatment, and supervision of committed persons placed in such a program.
Terms Used In Iowa Code 229A.8A
- Contract: A legal written agreement that becomes binding when signed.
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- Department: means the department of health and human services. See Iowa Code 249L.2
- Department: means the department of health and human services. See Iowa Code 229A.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Mental abnormality: means a congenital or acquired condition affecting the emotional or volitional capacity of a person and predisposing that person to commit sexually violent offenses to a degree which would constitute a menace to the health and safety of others. See Iowa Code 229A.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Predatory: means acts directed toward a person with whom a relationship has been established or promoted for the primary purpose of victimization. See Iowa Code 229A.2
- Transitional release: means a conditional release from a secure facility operated by the department with the conditions of such release set by the court or the department. See Iowa Code 229A.2
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 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 may contract with other government or private agencies, including the department of corrections, to implement and administer the transitional release program.