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