In re Detention of Johnson
Annotate this CaseHarold Johnson was found to be a sexually violent predator (SVP) and was civilly committed. At a final hearing, the district court concluded Johnson still possessed a mental abnormality that predisposed him to commit sexually violent offenses and denied Johnson's discharge. Johnson appealed, arguing that the district court erred in denying his motion for discharge or sanctions under Iowa Code 229A.8(5)(e) because his final hearing was not commenced within sixty days of the determination Johnson was entitled to a hearing. The court of appeals (1) affirmed the district court's order finding section 229A.8(5)(e) was directory rather than mandatory, and (2) concluded that the provision did not require a trial to be conducted within sixty days but only that the trial be scheduled within sixty days. The Supreme Court vacated the decision of the court of appeals and affirmed the district court's order denying discharge, holding (1) section 229A.8(5)(e) requires the district court to conduct a final hearing within sixty days, but (2) the court's failure to conduct a hearing within sixty days entitles an SVP to civil remedies, not discharge.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.