Johnson County sexually violent predator will remain in secure facility, appeals court rules

The Iowa Court of Appeals has upheld a finding in Johnson County District Court that Daniel Joseph Scott – deemed a sexually violent predator – should not be released from the state's Civil Commitment Unit for Sexual Offenders.

Scott appealed a Johnson County jury's verdict finding he should continue to be held, arguing there's insufficient evidence showing he's likely to engage in predatory acts of sexual violence if discharged.

But the Court of Appeals disagreed in the opinion made public Wednesday, stating the state has shown that Scott's “mental abnormality remains.”

Scott was labeled a sexual violent predator in 2006 and ordered into the Civil Commitment Unit for Sexual Offenders, which provides a secure, long-term and structured setting for sexually violent predators who've served their prison terms but have been found – in a separate trial – likely to reoffend.

Scott's offenses include two convictions for assault with intent to commit sexual abuse and two convictions for third-degree sexual abuse.

The district court granted Scott's request for a final hearing on whether he could be released in May 2009, and a hearing was held before a jury in March 2011.

During the hearing, Scott disputed assertions that his mental state is such that he could reoffend, citing the treatment he's received, his age and his poor physical health. Scott, who was 54 at the time of the hearing, has had both of his legs amputated due to diabetes. He also has suffered two major heart attacks and suffers from an acute kidney disorder, requiring him to wear a catheter, according to the order.

The state argued that Scott's health problems were severe enough that he wasn't able to make progress in his treatment. The Court of Appeals also found evidence that Scott could reoffend in that two of his four offenses were committed when he had only one leg.

According to the court's opinion, Scott still has the ability to sexually assault the female staff members who come into contact with him regularly, and he's demonstrated hostility toward them, threatening to use a metal bar to assault people and throwing feces.

Scott, according to the order, also has leaned against a female staff member to have contact with her and even defecated to force young, female nurses to clean him up.

One doctor who evaluated Scott described his as “extremely manipulative” and “extremely impulsive” and said there's no evidence that his mental abnormality has changed.

Inpatient treatment at the Civil Commitment Unit is indefinite, depending on the time required for each person to advance through five treatment phases.