In re Detention Calvin Matlock
A person committed under the Sexually Violent Predator Act alleges his release with supervision violates the Due Process Clauses of the Iowa and the United States Constitutions.
We find the statutory scheme contained in Iowa Code sections 229A.8 and 229A.9A does not violate the Due Process Clauses of the Iowa and the United States Constitutions as long as: the person continues to suffer from a mental abnormality, the testimony supports the need for supervision, and the supervision strikes the right balance between the need to protect the community and the person's liberty interest.
Applying these principles to this appeal, we find the committed person still suffers from a mental abnormality and the testimony supports his release with supervision. Thus, we affirm that part of the district court's judgment.
We are not satisfied the State met its burden to prove the release conditions adopted by the district court balance the need to protect the community and the person's liberty interest.
Accordingly, we remand the case to the district court to review the release conditions and enter the appropriate order consistent with due process.
