House File 2107 - Introduced HOUSE FILE 2107 BY WINCKLER A BILL FOR An Act relating to the payment of costs for a psychiatric 1 evaluation of a defendant in a criminal proceeding. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5228YH (2) 86 rh/nh

H.F. 2107 Section 1. Section 812.3, subsection 2, Code 2016, is 1 amended to read as follows: 2 2. Upon a finding of probable cause sustaining the 3 allegations, the court shall suspend further criminal 4 proceedings and order the defendant to undergo a psychiatric 5 evaluation to determine whether the defendant is suffering a 6 mental disorder which prevents the defendant from appreciating 7 the charge, understanding the proceedings, or assisting 8 effectively in the defense. The costs of the psychiatric 9 evaluation shall be paid by the department of corrections. The 10 order shall also authorize the evaluator to provide treatment 11 necessary and appropriate to facilitate the evaluation. If 12 an evaluation has been conducted within thirty days of the 13 probable cause finding, the court is not required to order 14 a new evaluation and may use the recent evaluation during 15 a hearing under this chapter . Any party is entitled to a 16 separate psychiatric evaluation by a psychiatrist or licensed, 17 doctorate-level psychologist of their own choosing. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the payment of costs for a psychiatric 22 evaluation of a defendant in a criminal proceeding. 23 Under current law, if at any stage of a criminal proceeding 24 the defendant or the defendant’s attorney alleges that the 25 defendant is suffering from a mental disorder which prevents 26 the defendant from appreciating the charge, understanding the 27 proceedings, or assisting effectively in the defense, the 28 court is required to suspend further proceedings and hold a 29 hearing to determine if probable cause exists to sustain the 30 allegations. If the court finds probable cause sustaining 31 the allegations, further criminal proceedings are suspended 32 and the court is required to order the defendant to undergo a 33 psychiatric evaluation to determine whether the defendant is 34 suffering a mental disorder which prevents the defendant from 35 -1- LSB 5228YH (2) 86 rh/nh 1/ 2

H.F. 2107 appreciating the charge, understanding the proceedings, or 1 assisting effectively in the defense. The bill requires the 2 department of corrections to pay the costs of the psychiatric 3 evaluation. 4 -2- LSB 5228YH (2) 86 rh/nh 2/ 2