Swanson v. Ccuso

• Decision Date: 17 August 2007
• Docket Number: No. 05-0845.,05-0845.
• Citation: 737 N.W.2d 300
• Parties: Robert SWANSON, Appellant, v. CIVIL COMMITMENT UNIT FOR SEX OFFENDERS (CCUSO) and Iowa Department of Human Services, Appellees.
• Court: Iowa Supreme Court

737 N.W.2d 300

Robert SWANSON, Appellant, v. CIVIL COMMITMENT UNIT FOR SEX OFFENDERS (CCUSO) and Iowa Department of Human Services, Appellees.

No. 05-0845.

Supreme Court of Iowa.

August 17, 2007.

Mark C. Smith, State Appellate Defender, and Matthew S. Sheeley, Assistant Public Defender, for appellant.

Thomas J. Miller, Attorney General, and Mark Hunacek, Deputy Attorney General, for appellees.

WIGGINS, Justice.

In this appeal, Robert Swanson, a patient in the Civil Commitment Unit for Sexual Offenders (CCUSO), seeks a ruling that the district court erred in denying his petition for judicial review. He claims he meets the definition of an "aggrieved person" under Iowa Code chapter 17A (2003) and that to deny him a contested case hearing violates his due process rights. Because we agree with the district court that Swanson is not an aggrieved person under chapter 17A and to deny him a contested case hearing does not violate his due process rights, we affirm the judgment of the district court dismissing his petition for judicial review.

I. Background Facts and Proceedings.

The Iowa department of human services (DHS) operates CCUSO. DHS presently houses Swanson in CCUSO's facility. CCUSO "was created by the 1998 Sexually Violent Predators Act of Iowa to provide secure, inpatient treatment for sexual offenders who are believed to be a high risk for sexually reoffending." Iowa Dep't of Human Servs., Civil Commitment Unit for Sexual Offenders, http://www.dhs.state.ia. us/d hs_organization/other/civil_commitment.html (2000) (last visited Aug. 14, 2007) [hereinafter DHS, CCUSO].

Patients who are housed at the CCUSO facility are civilly committed under Iowa's Sexually Violent Predator Act, chapter 229A of the Iowa Code. The Iowa legislature amended chapter 229A in 2002 directing DHS to "adopt rules pursuant to chapter 17A necessary to administer this chapter." Iowa Code § 229A.15B (2003). Currently, DHS has not promulgated any rules. Instead, CCUSO developed a "Patient Handbook and Orientation Manual." The handbook provides the rules and policies of CCUSO.

The handbook begins by explaining the mission and overview of the program. The mission of CCUSO is "to provide treatment for persons involuntarily committed to [CCUSO's] care as sexual offenders who are deemed likely to reoffend. Treatment is the key objective of this program." CCUSO patients "are afforded the same rights as other civilly committed patients." The handbook presents CCUSO patients with twenty-four separate and distinct rights. Some of these rights are:

• the rights of full citizenship except as may be specifically limited by the constitution or statute;

• the right to file application for a writ of habeas corpus and the right to petition the court for release; and

• the right to an attorney and to judicial review of the hospitalization.

According to DHS, "[t]he program is structured to provide intrinsic incentives to motivate cooperation with treatment programming." DHS, CCUSO. In order to accomplish this goal, the handbook states CCUSO created a phase system which "recognize[s] patients' progress in the program and [] provide[s] further motivation to cooperate with program activities."

The handbook explains the five phases of the program. Each phase adheres to a general time line of progression from one phase to the next. The first phase is the assessment and observation phase. The handbook describes this phase as the time patients and program staff have an opportunity to become acquainted and to develop a clear understanding about program expectations and rules. A patient is able to move to phase two once the patient has demonstrated a stable and cooperative behavioral pattern and completes each of the following requirements: (1) completion of all psychological testing; (2) admission of some sexual offense or completion of a clean polygraph; (3) completion of relaxation training and basic cognitive skills training; (4) orientation to the program and completion of the patient handbook; (5) thirty days of good behavior free from any major infractions; and (6) signing a phase two contract with request for placement in phase two.

In the second phase, the patient enters the core phase. The patient participates in a minimum one-year curriculum of psycho-educational groups. These groups are designed to teach concepts and skills that are fundamental to learning to control sexual impulses. In order to advance to level three, the patient must pass an oral or written exam over the curriculum and complete the following requirements: (1) satisfactory completion of four quarters of psycho-educational classes; (2) pass polygraph exams concerning minor victims, adult victims, and paraphilias; (3) freedom from major behavioral reports and close supervision for ninety days; (4) no ratings lower than three on the last ninety-day review; and (5) signing a phase three contract and submitting a written request for placement in phase three.

In the third phase, the patient enters the advanced phase. In this phase, the patient will work on applying the principles and concepts learned in phase two and achieving the goals established in an individualized treatment plan. Basic requirements for advancement are: (1) no ratings lower than five on the last ninety-day review; (2) absence of any major behavioral reports for the last four months; (3) completion of specific offense polygraphs, if requested; (4) development of an individualized treatment plan; (5) completion of victim sheets and victim letters; and (6) signing a phase four contract and submitting a written request for placement in phase four.

If the patient advances from phase three, the patient enters phase four, the honor phase. This phase requires the patient to demonstrate a high level of cooperation, insight, motivation, and application of the basic principles taught in the program. The patient is expected to model appropriate behavior and be able to function as a peer facilitator or leader in group discussion. In order to move to the fifth phase, the patient must meet the following requirements: (1) no ratings less than eight on the last ninety-day review; (2) absence of any major behavioral reports for the last six months; (3) completion of a detailed relapse prevention plan; (4) successful completion of a polygraph exam regarding recent sexual fantasies and behaviors; (5) demonstration of good sexual control and nondeviant sexual responses and absence of problematic sexual behavior for one year; (6) submission of a written request for phase five placement and signing the phase five contract; and (7) placement in a transitional living facility by the committing court.

Finally, the patient enters the fifth phase, the transition phase. Here, the patient is gradually given increasing opportunities to live in less restrictive settings. The patient is monitored closely, assessed clinically, and provided support as the patient takes on increasing responsibility for the patient's own care. A patient is recommended to the court for final release from the program only after meeting the following requirements: (1) demonstrate the establishment of a strong social support network; (2) successfully maintain employment, or participation in a volunteer program if retired or unable to work, for at least one year; (3) demonstrate adequate financial support; (4) maintain contact with transitional counselors for two years; (5) fulfill all requirements included in the patient's release contract for at least two years; (6) submit to and pass all random physiological assessments requested by the transitional counselors; and (7) complete a final discharge interview with the CCUSO staff and be recommended for release.

As one of many disciplinary procedures, CCUSO created a level system to provide rewards and increasing privileges to patients who participate in the treatment program and remain free of behavioral problems. The expectation of the CCUSO program is that patients who avoid behavioral reports and suspensions will advance rapidly to level four. As the level increases, so does the extent of the privileges. For example, a patient on level one may only make emergency phone calls and is only allowed legal visits without the prior approval of the director or his designee. In contrast, a patient who has advanced to level four is allowed unrestricted phone calls, except during treatment times, and contact visits twice a week with no approval specified.

In order for a patient to move from level one to level two, the patient must maintain seven consecutive days of good behavior, free of rule violations and suspensions. To move from level two to level three, the patient must maintain fourteen continuous days of good behavior, free of all unit rule infractions and suspensions. To move from level three to level four, the patient must maintain sixty days of continuous good behavior, free of infractions and suspensions.

CCUSO has three levels of behavior rule violations: minor, major, and felony. Minor violations include such things as violation of property, meal, medication, mail, clothing, or phone rules set out in the handbook. Major violations include such things as disobeying an order, disrespect, theft, misuse of property, disruptive behavior, debt incurrence, or harassment. Finally, felony infractions include assault, battery, sexual assault, escape or attempted escape, possession of dangerous contraband, or arson.

The handbook explains to the patient how violations are assessed and appealed. It states:

Violations of program rules can result in a suspension of level privileges, a loss of canteen allowance, loss of privileges due to placement in a lower level in the program, or other behavioral consequences depending upon the violation. The decision regarding such consequences will depend upon the type of violation but will generally be made by the Behavioral Investigator in accordance with CCUSO policies...