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 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, substance use disorder 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 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 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; 2023 Acts, ch 19, §544 \n
Notes of Decisions
Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006).
“§ 229A.9A(1). 5 . Section 229A.7(5) provides: If [at trial] the court or jury determines that the respondent is a sexually violent predator, the respondent shall be committed to the custody of the director of the department of human services for control, care, and treatment…”
In re the Det. of Adam Mauro (Iowa Ct. App. 2021).
· cites it 3× “Mauro also cites Iowa Code section 229A.9A(1)(b) for the proposition that the district court had authority to release him with supervision independently of the criteria set forth in section 229A.”
In Re the Det. of Stephen C. Curtiss, Stephen C. Curtiss, 860 N.W.2d 893 (Iowa 2015).
· cites it 3× “However, the district court determined that “any such discharge must be supervised as per Iowa Code Section 229A.9A.” The district court ordered Curtiss “released with supervision” to the House for New Life in Lincoln, Nebraska.”
In Re Det. of Stewart Franklin Schuman (Iowa 2024).
“Discharge is allowed when the offender “no longer suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent offenses if discharged.”
— Iowa Code § 229A.9A(1) — 2 cases
Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006).
“§ 229A.9A(1). 5 . Section 229A.7(5) provides: If [at trial] the court or jury determines that the respondent is a sexually violent predator, the respondent shall be committed to the custody of the director of the department of human services for control, care, and treatment…”
— Iowa Code § 229A.9A(1)(6) — 1 case
— Iowa Code § 229A.9A(1)(b) — 8 cases
In re the Det. of Adam Mauro (Iowa Ct. App. 2021).
“Mauro also cites Iowa Code section 229A.9A(1)(b) for the proposition that the district court had authority to release him with supervision independently of the criteria set forth in section 229A.”
In Re Det. of Stewart Franklin Schuman (Iowa 2024).
“Discharge is allowed when the offender “no longer suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent offenses if discharged.”
— Iowa Code § 229A.9A(2) — 5 cases
— Iowa Code § 229A.9A(3) — 2 cases
— Iowa Code § 229A.9A(4) — 2 cases
— Iowa Code § 229A.9A(5) — 1 case
In re the Det. of Adam Mauro (Iowa Ct. App. 2021).
“Mauro also cites Iowa Code section 229A.9A(1)(b) for the proposition that the district court had authority to release him with supervision independently of the criteria set forth in section 229A.”
— Iowa Code § 229A.9A(6) — 3 cases
— Iowa Code § 229A.9A(7) — 1 case
— Iowa Code § 229A.9A(8) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.