Iowa Code

Iowa Code § 229A.5B (2026)

Escape from custody — penalty

✓ current as of July 2026
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1. A person who is detained pursuant to section 229A.5 or is subject to an order of civil commitment under this chapter shall remain in custody unless released by court order or discharged under section 229A.8 or 229A.10. A person who has been placed in a transitional release program or who is under release with supervision is considered to be in custody. A person in custody under this chapter shall not do any of the following: a. Leave or attempt to leave a facility without the accompaniment of authorized personnel or leave or attempt to leave a facility without authorization. b. Knowingly and voluntarily be absent from a place where the person is required to be present. c. Leave or attempt to leave the custody of personnel transporting or guarding the person while the person is away from a facility. 2. A person who violates subsection 1 commits a serious misdemeanor or may be subject to punishment for contempt. 3. If a person commits a violation of subsection 1 and remains unconfined, the attorney general or the chief law enforcement officer of the political subdivision where the violation occurs may make a public announcement that the person is unconfined and may provide relevant information about the person to the community. The attorney general may also notify a victim or the family of a victim of the person that the person is unconfined.\n\nTue Dec 09 22:21:24 2025 Iowa Code 2026, Chapter 229A (30, 1) §229A.5B, COMMITMENT OF SEXUALLY VIOLENT PREDATORS 6\n\n 4. This section shall not be construed to prohibit the use of other lawful means for the return of the person. 2001 Acts, ch 27, §1; 2002 Acts, ch 1139, §4, 27; 2015 Acts, ch 12, §1; 2018 Acts, ch 1165, §97 Referred to in §229A.8A

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Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 2004–2024 · leading case: In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018).
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018). · cites it 12× “” Iowa Code § 229A.5B. For the purposes of the escape provision, a person is in “custody” if he or she “has been placed in a transitional release program or .”
Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006). · cites it 6× “See Iowa Code § 229A.5B(1). Section 229A.5B(1) provides: A person who is detained pursuant to section 229A.”
In Re the Det. of Jeffrey Anderson, Jeffrey Anderson, 895 N.W.2d 131 (Iowa 2017). · cites it 4× “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.”
In Re Det. of Bradford, 712 N.W.2d 144 (Iowa 2006). · cites it 10× “These statutory changes since Garren are the addition of (1) section 229A.5B (making it a misdemeanor for a person to leave a secure facility without permission), (2) section 229A.”
David L. Taft Jr. v. Iowa Dist. Court for Linn Cnty., 879 N.W.2d 634 (Iowa 2016). · cites it 2× “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 ⅛ predatory acts constituting sexually violent offenses while in the program.”
In Re Commitment of Fisher, 164 S.W.3d 637 (Tex. 2005). “927 (1) (creating second-degree felony for escape or attempted escape from civil commitment confinement); Iowa Code § 229A.5B(2) (imposing criminal penalties on individuals who (1) leave or attempt to leave commitment facilities, (2) are absent "from a place where the person is…”
In RE the Det. of Harold Johnson, Harold Johnson, 805 N.W.2d 750 (Iowa 2011). · cites it 2× “Section 229A.5B states, “A person who is detained pursuant to section 229A.”
Atwood v. Vilsack, 338 F. Supp. 2d 985 (S.D. Iowa 2004). “” Iowa Code 229A.5B (2001) (emphasis added).”
In re the Det. of Nicholas Wygle (Iowa 2018). · cites it 6× “” Iowa Code § 229A.5B. For the purposes of the escape provision, a person is in “custody” if he or she “has been placed in a transitional release program or .”
In Re Det. of Stewart Franklin Schuman (Iowa 2024). · cites it 4× “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.”
In Re Det. of Stewart Franklin Schuman (Iowa 2024). · cites it 4× “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.”
Wayne Atwood, Arthur Jennings, Daniel Bellman, & John Carmody, On Behalf Of Themselves & All Present & Future Iowa (Iowa 2006). · cites it 6× “See Iowa Code § 229A.5B(1). Section 229A.5B(1) provides: A person who is detained pursuant to section 229A.”
— Iowa Code § 229A.5B(1) — 4 cases
Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006). “See Iowa Code § 229A.5B(1). Section 229A.5B(1) provides: A person who is detained pursuant to section 229A.”
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018). “” Iowa Code § 229A.5B. For the purposes of the escape provision, a person is in “custody” if he or she “has been placed in a transitional release program or .”
Wayne Atwood, Arthur Jennings, Daniel Bellman, & John Carmody, On Behalf Of Themselves & All Present & Future Iowa (Iowa 2006). “See Iowa Code § 229A.5B(1). Section 229A.5B(1) provides: A person who is detained pursuant to section 229A.”
In re the Det. of Nicholas Wygle (Iowa 2018). “” Iowa Code § 229A.5B. For the purposes of the escape provision, a person is in “custody” if he or she “has been placed in a transitional release program or .”
— Iowa Code § 229A.5B(2) — 1 case
In Re Commitment of Fisher, 164 S.W.3d 637 (Tex. 2005). “927 (1) (creating second-degree felony for escape or attempted escape from civil commitment confinement); Iowa Code § 229A.5B(2) (imposing criminal penalties on individuals who (1) leave or attempt to leave commitment facilities, (2) are absent "from a place where the person is…”
— Iowa Code § 229A.5B(3) — 2 cases
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018). “” Iowa Code § 229A.5B. For the purposes of the escape provision, a person is in “custody” if he or she “has been placed in a transitional release program or .”
In re the Det. of Nicholas Wygle (Iowa 2018). “” Iowa Code § 229A.5B. For the purposes of the escape provision, a person is in “custody” if he or she “has been placed in a transitional release program or .”
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