In re the Detention of Jerry Altman

Summary

The Supreme Court of Iowa affirmed a judgment finding Jerry Altman to be a sexually violent predator under Iowa Code chapter 229A. The court held that substantial evidence supported the finding that Altman's antisocial personality disorder predisposed him to commit sexually violent offenses, and that the statute authorized release of his confidential mental health records for determining whether he was or continued to be a sexually violent predator.

Holdings

1. No. Iowa Code chapter 229A does not require the State to prove that a respondent is predisposed primarily or predominantly to commit sexual offenses. The State need only establish that, more likely than not, the respondent will commit additional sexually violent offenses and that the respondent's mental abnormality creates the statutory menace to the health and safety of others.
2. Substantial evidence supported the jury's finding that Altman was a sexually violent predator, and the district court properly denied his motion for judgment notwithstanding the verdict.
3. Yes. Section 229A.14 authorizes the attorney general to obtain otherwise confidential or privileged mental-health records, other than attorney-client and work-product materials, for determining whether a person is or continues to be a sexually violent predator, including after a petition has been filed.

Questions Presented

1. Whether substantial evidence supported the jury's finding that Altman had a mental abnormality predisposing him to commit sexually violent offenses to a degree constituting a menace to the health and safety of others, even though his antisocial personality disorder also predisposed him to commit nonsexual crimes.
2. Whether Iowa Code section 229A.14 authorized the State to obtain and use otherwise confidential mental-health records after a chapter 229A petition had been filed and in the actual proceeding determining whether the respondent was a sexually violent predator.

Disposition

affirmed