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House Journal: Page 1578: Tuesday, April 14, 1998

14   appropriate secure facility, including, but not
15   limited to, a county jail, until another trial is
16   conducted.  Any subsequent trial following a mistrial
17   shall be held within ninety days of the previous
18   trial, unless such subsequent trial is continued as
19   provided in subsection 1.
20     5.  If a person charged with a sexually violent
21   offense has been found incompetent to stand trial or
22   has been found not guilty of a sexually violent
23   offense by reason of insanity, and the person is about
24   to be discharged pursuant to section 812.5, if a
25   petition has been filed seeking the person's
26   commitment under this chapter, the court shall first
27   hear evidence and determine whether the person did
28   commit the act or acts charged.  At the hearing on
29   this issue, the rules of evidence applicable in
30   criminal cases shall apply, and all constitutional
31   rights available to defendants at criminal trials,
32   other than the right not to be tried while
33   incompetent, shall apply.  After hearing evidence on
34   this issue, the court shall make specific findings on
35   whether the person did commit the act or acts charged,
36   the extent to which the person's incompetence or
37   insanity affected the outcome of the hearing,
38   including its effect on the person's ability to
39   consult with and assist counsel and to testify on the
40   person's own behalf, the extent to which the evidence
41   could be reconstructed without the assistance of the
42   person, and the strength of the prosecution's case.
43   If after the conclusion of the hearing on this issue,
44   the court finds, beyond a reasonable doubt, that the
45   person did commit the act or acts charged, the court
46   shall enter a final order, appealable by the person,
47   on that issue, and may proceed to consider whether the
48   person should be committed pursuant to this chapter.
49     Sec. ___.  NEW SECTION.  229A.8  ANNUAL
50   EXAMINATIONS, DISCHARGE PETITIONS BY PERSONS

Page 8

 1   COMMITTED.
 2     1.  Each person committed under this chapter shall
 3   have a current examination of the person's mental
 4   abnormality made once every year.  The person may
 5   retain, or if the person is indigent and so requests,
 6   the court may appoint a qualified expert or
 7   professional person to examine such person, and such
 8   expert or professional person shall be given access to
 9   all records concerning the person.
10     2.  The annual report shall be provided to the
11   court that committed the person under this chapter.
12   The court shall conduct an annual review and probable
13   cause hearing on the status of the committed person.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Thu Apr 16 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01578.html
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