Relating to the civil commitment of sexually violent predators

The bill expands the definition of “sexually violent offense” to include all alternative means by which the crime of sexual exploitation of a minor may be committed to include knowingly promoting any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act, and knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act.3 relating to notice of discharge requirements imposed on an agency with jurisdiction when a person who is confined due to a charge of or conviction for a sexually violent offense may meet the definition of a sexually violent predator and that person is to be released from confinement. The bill specifies that the Code section only regulates notice given to the attorney general and the multidisciplinary team, and that the Code section shall not be construed as a limit on persons subject to commitment under Code chapter 229A.4 concerning when a petition alleging that a person is a sexually violent predator may be filed by a prosecuting attorney or the attorney general. The petition must state sufficient facts to support the allegation if it appears that a person who has committed a recent overt act meets any specified criteria. The bill amends one of those criterion to provide that the petition may allege that the person was convicted of a sexually violent offense and is no longer presently confined for that offense. Under the bill, presently confined means incarceration or detention in a correctional facility, a rehabilitation camp, a residential facility, a county jail, a halfway house, or any other comparable institution, including but not limited to placement at such an institution as a condition of probation, parole, or special parole following conviction for a sexually violent offense.7 relating to trial, determination, and commitment procedures. The bill provides that at trial, a court shall admit, and the fact finder may rely on, the findings of an administrative parole judge or other agency fact finder.