Iowa Code » Chapter 229A — COMMITMENT OF SEXUALLY VIOLENT PREDATORS
Iowa Code

Iowa Code § 229A.5 (2026)

Person taken into custody — determination of probable cause — hearing — evaluation

✓ current as of July 2026
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1. Upon filing of a petition under section 229A.4, the court shall make a preliminary determination as to whether probable cause exists to believe that the person named in the petition is a sexually violent predator. Upon a preliminary finding of probable cause, the court shall direct that the person named in the petition be taken into custody and that the person be served with a copy of the petition and any supporting documentation and notice of the procedures required by this chapter. If the person is in custody at the time of the filing of the petition, the court shall determine whether a transfer of the person to an appropriate secure facility is appropriate pending the outcome of the proceedings or whether the custody order should be delayed until the date of release of the person. 2. Within seventy-two hours after being taken into custody or being transferred to an appropriate secure facility, a hearing shall be held to determine whether probable cause exists to believe the detained person is a sexually violent predator. The hearing may be waived by the respondent. The hearing may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and if the respondent is not substantially prejudiced. At the probable cause hearing, the detained person shall have the following rights: a. To be provided with prior notice of date, time, and location of the probable cause hearing. b. To respond to the preliminary finding of probable cause. c. To appear in person at the hearing. d. To be represented by counsel. e. To present evidence on the respondent’s own behalf. f. To cross-examine witnesses who testify against the respondent. g. To view and copy all petitions and reports in the possession of the court. 3. At the hearing, the rules of evidence do not apply, and the state may rely solely upon the petition filed under subsection 1, but the state may also supplement the petition with additional documentary evidence or live testimony.\n\nTue Dec 09 22:21:24 2025 Iowa Code 2026, Chapter 229A (30, 1) 5 COMMITMENT OF SEXUALLY VIOLENT PREDATORS, §229A.5B\n\n 4. At the conclusion of the hearing, the court shall enter an order which does both of the following: a. Verifies the respondent’s identity. b. Determines whether probable cause exists to believe that the respondent is a sexually violent predator. 5. If the court determines that probable cause does exist, the court shall direct that the respondent be transferred to an appropriate secure facility for an evaluation as to whether the respondent is a sexually violent predator. The evaluation shall be conducted by a person deemed to be professionally qualified to conduct such an examination. 98 Acts, ch 1171, §5; 99 Acts, ch 61, §3, 4, 14; 2002 Acts, ch 1139, §3, 27 Referred to in §229A.5B, 229A.5C, 229A.6A, 229A.7, 229A.12A, 811.1

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Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2002–2022 · leading case: Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006).
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Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006). · cites it 3× “Iowa Code § 229A.5(2). If the court finds probable cause to believe the detainee is a SVP, the detainee is entitled to a trial to determine whether the detainee is, in fact, a SVP.”
State v. Goode, 830 So. 2d 817 (Fla. 2002). “2001); Iowa Code § 229A.5 (2001); Kan. Stat. Ann.”
Atwood v. Vilsack, 338 F. Supp. 2d 985 (S.D. Iowa 2004). · cites it 2× “” Iowa Code 229A.5(2). A “sexually violent predator” is defined as “a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent…”
In Re The Det. Of Marvin Allen Mead, Marvin Allen Mead, 790 N.W.2d 104 (Iowa 2010). “Iowa Code § 229A.5(1). Upon a preliminary finding of probable cause, the court shall direct the person to be taken into custody and served with a copy of the petition and supporting documentation.”
In Re the Det. of Seewalker, 689 N.W.2d 705 (Iowa Ct. App. 2004). “See generally Iowa Code § 229A.5 (the right to a preliminary hearing to determine whether probable cause exists to proceed to trial); Iowa Code § 229A.”
George Allen v. Kilolo Kijakazi, 35 F.4th 752 (9th Cir. 2022). “207/15(c); Iowa Code Ann. § 229A.5(1)–(2); Kan. Stat.”
Wayne Atwood, Arthur Jennings, Daniel Bellman, & John Carmody, On Behalf Of Themselves & All Present & Future Iowa (Iowa 2006). · cites it 3× “Iowa Code § 229A.5(2). If the court finds probable cause to believe the detainee is a SVP, the detainee is entitled to a trial to determine whether the detainee is, in fact, a SVP.”
— Iowa Code § 229A.5(1) — 2 cases
In Re The Det. Of Marvin Allen Mead, Marvin Allen Mead, 790 N.W.2d 104 (Iowa 2010). “Iowa Code § 229A.5(1). Upon a preliminary finding of probable cause, the court shall direct the person to be taken into custody and served with a copy of the petition and supporting documentation.”
George Allen v. Kilolo Kijakazi, 35 F.4th 752 (9th Cir. 2022). “207/15(c); Iowa Code Ann. § 229A.5(1)–(2); Kan. Stat.”
— Iowa Code § 229A.5(2) — 3 cases
Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006). “Iowa Code § 229A.5(2). If the court finds probable cause to believe the detainee is a SVP, the detainee is entitled to a trial to determine whether the detainee is, in fact, a SVP.”
Atwood v. Vilsack, 338 F. Supp. 2d 985 (S.D. Iowa 2004). “” Iowa Code 229A.5(2). A “sexually violent predator” is defined as “a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent…”
Wayne Atwood, Arthur Jennings, Daniel Bellman, & John Carmody, On Behalf Of Themselves & All Present & Future Iowa (Iowa 2006). “Iowa Code § 229A.5(2). If the court finds probable cause to believe the detainee is a SVP, the detainee is entitled to a trial to determine whether the detainee is, in fact, a SVP.”
— Iowa Code § 229A.5(5) — 3 cases
Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006). “Iowa Code § 229A.5(2). If the court finds probable cause to believe the detainee is a SVP, the detainee is entitled to a trial to determine whether the detainee is, in fact, a SVP.”
Atwood v. Vilsack, 338 F. Supp. 2d 985 (S.D. Iowa 2004). “” Iowa Code 229A.5(2). A “sexually violent predator” is defined as “a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent…”
Wayne Atwood, Arthur Jennings, Daniel Bellman, & John Carmody, On Behalf Of Themselves & All Present & Future Iowa (Iowa 2006). “Iowa Code § 229A.5(2). If the court finds probable cause to believe the detainee is a SVP, the detainee is entitled to a trial to determine whether the detainee is, in fact, a SVP.”
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