In re Detention of Nicholas Wygle

The Supreme Court reversed the decision of the district court denying Appellant’s motion to dismiss the State’s petition for his civil commitment as a sexually violent predator (SVP) under Iowa Code Ch. 229A, holding that Appellant was not “presently confined” under section 229A.4(1), and therefore, the State could not commence an SVP proceeding in the absence of a recent overt act.At the time the State initiated the civil commitment proceedings, Appellant had discharged his sentence for his underlying offense of assault with intent to commit sexual abuse but was residing at the Curt Forbes Residential Facility while serving a special sentence under Iowa Code chapter 903B. Appellant filed a motion to dismiss because he was no longer “presently confined” under section 229A.4(1) and the State had not alleged a recent overt act that might otherwise support a section 229A.4(2) proceeding. The district court denied the motion. The Supreme Court reversed, holding (1) Defendant was not “presently confined” for the purposes of section 229A.4(1); and (2) therefore, the State could not commence an SVP proceeding in the absence of a recent overt act, as required under section 229A.4(2). View "In re Detention of Nicholas Wygle" on Justia Law