1. If a committed person violates the release plan, the agency with jurisdiction over the person may request the 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 4:30 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 or contracting agency, in cooperation with local law enforcement agencies, may make a public announcement about the absconder. The public announcement may \n Tue Dec 09 22:21:24 2025 Iowa Code 2026, Chapter 229A (30, 1) 13 COMMITMENT OF SEXUALLY VIOLENT PREDATORS, §229A.11\n\ninclude a description of the committed person, that the committed person is on release with 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 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 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 after 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 and either order that the committed person be returned to release with 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 supervision or placed in the transitional release program. If the court determines no violation occurred, the committed person shall be returned to release with supervision. 2002 Acts, ch 1139, §14, 27; 2018 Acts, ch 1165, §103; 2023 Acts, ch 19, §545 Referred to in §229A.9A \n
Notes of Decisions
In Re the Det. of Jeffrey Anderson, Jeffrey Anderson, 895 N.W.2d 131 (Iowa 2017).
· cites it 54× “See Iowa Code § 229A.9B. The district court order transferring Anderson to the transitional release program expressly provides that his progress shall be reviewed one year following the order and be made in accordance with the provisions of Iowa Code section 229A.”
In re the Det. of Nicholas Wygle, 910 N.W.2d 599 (Iowa 2018).
· cites it 10× “8A through section 229A.9B address issues related to the release of a “committed person.”
State of Iowa v. Iowa Dist. Court for Polk Cnty. (Iowa Ct. App. 2024).
· cites it 14× “Schuman did not involve a challenge to the committed person’s right to present evidence in the release with supervision violations proceeding under Iowa Code section 229A.9B. See id. at 50–51 (distinguishing between “transitional release—a less restrictive level of treatment”…”
— Iowa Code § 229A.9B(1) — 4 cases
In Re the Det. of Jeffrey Anderson, Jeffrey Anderson, 895 N.W.2d 131 (Iowa 2017).
“See Iowa Code § 229A.9B. The district court order transferring Anderson to the transitional release program expressly provides that his progress shall be reviewed one year following the order and be made in accordance with the provisions of Iowa Code section 229A.”
— Iowa Code § 229A.9B(3) — 3 cases
In Re the Det. of Jeffrey Anderson, Jeffrey Anderson, 895 N.W.2d 131 (Iowa 2017).
“See Iowa Code § 229A.9B. The district court order transferring Anderson to the transitional release program expressly provides that his progress shall be reviewed one year following the order and be made in accordance with the provisions of Iowa Code section 229A.”
State of Iowa v. Iowa Dist. Court for Polk Cnty. (Iowa Ct. App. 2024).
“Schuman did not involve a challenge to the committed person’s right to present evidence in the release with supervision violations proceeding under Iowa Code section 229A.9B. See id. at 50–51 (distinguishing between “transitional release—a less restrictive level of treatment”…”
— Iowa Code § 229A.9B(4) — 2 cases
In Re the Det. of Jeffrey Anderson, Jeffrey Anderson, 895 N.W.2d 131 (Iowa 2017).
“See Iowa Code § 229A.9B. The district court order transferring Anderson to the transitional release program expressly provides that his progress shall be reviewed one year following the order and be made in accordance with the provisions of Iowa Code section 229A.”
— Iowa Code § 229A.9B(5) — 5 cases
In Re the Det. of Jeffrey Anderson, Jeffrey Anderson, 895 N.W.2d 131 (Iowa 2017).
“See Iowa Code § 229A.9B. The district court order transferring Anderson to the transitional release program expressly provides that his progress shall be reviewed one year following the order and be made in accordance with the provisions of Iowa Code section 229A.”
State of Iowa v. Iowa Dist. Court for Polk Cnty. (Iowa Ct. App. 2024).
“Schuman did not involve a challenge to the committed person’s right to present evidence in the release with supervision violations proceeding under Iowa Code section 229A.9B. See id. at 50–51 (distinguishing between “transitional release—a less restrictive level of treatment”…”
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