In re Detention of Ronald Tripp

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) by virtue of being subject to a chapter 903B special sentence.At the time the State initiated the civil commitment proceedings, Appellant had discharged his sentence for his underlying sexual offense but was serving a special sentence under Iowa Code chapter 903B.2. The State later successfully pursued revocation of Appellant’s release under section 903B.2. Before Appellant was discharged from his incarceration under section 903B.2, the State filed a petition seeking his civil commitment as an SVP under chapter 229A. Appellant filed a motion to dismiss, arguing that he was not “presently confined” under section 229A.4 because he was being confined because of a violation of his special sentence under chapter 903B and that there was no recent overt act that might otherwise support a section 229A.4(2) proceeding. The district court overruled the motion and granted the State’s SVP petition. The Supreme Court reversed, holding (1) Appellant was not “presently confined” under section 229A.4(1); and (2) there was insufficient evidence to find an overt act under section 229A.4(2). View "In re Detention of Ronald Tripp" on Justia Law