HF 2107 (LSB 5228YH (2) 86)

HOUSE FILE 2107

BY  WINCKLER

A BILL FOR

An Act relating to the payment of costs for a psychiatric evaluation of a defendant in a criminal proceeding.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 812.3, subsection 2, Code 2016, is amended to read as follows:
   2.  Upon a finding of probable cause sustaining the allegations, the court shall suspend further criminal proceedings and order the defendant to undergo a psychiatric evaluation to determine whether the defendant is suffering a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense.  The costs of the psychiatric evaluation shall be paid by the department of corrections. The order shall also authorize the evaluator to provide treatment necessary and appropriate to facilitate the evaluation. If an evaluation has been conducted within thirty days of the probable cause finding, the court is not required to order a new evaluation and may use the recent evaluation during a hearing under this chapter. Any party is entitled to a separate psychiatric evaluation by a psychiatrist or licensed, doctorate-level psychologist of their own choosing.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the payment of costs for a psychiatric evaluation of a defendant in a criminal proceeding.
   Under current law, if at any stage of a criminal proceeding the defendant or the defendant’s attorney alleges that the defendant is suffering from a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense, the court is required to suspend further proceedings and hold a hearing to determine if probable cause exists to sustain the allegations. If the court finds probable cause sustaining the allegations, further criminal proceedings are suspended and the court is required to order the defendant to undergo a psychiatric evaluation to determine whether the defendant is suffering a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense. The bill requires the department of corrections to pay the costs of the psychiatric evaluation.