Text: HSB00548 Text: HSB00550 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13B.4, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. The state public defender shall coordinate the 1 4 provision of legal representation of all indigents under 1 5 arrest or charged with a crime, seeking postconviction relief, 1 6 against whom a contempt action is pending, in proceedings 1 7 under section 811.1A or chapter 229A or 812, on appeal in 1 8 criminal cases, on appeal in proceedings to obtain 1 9 postconviction relief when ordered to do so by the district 1 10 court in which the judgment or order was issued, and on a 1 11 reopening of a sentence proceeding, and may provide for the 1 12 representation of indigents in proceedings instituted pursuant 1 13 to chapter 908. The state public defender shall not engage in 1 14 the private practice of law. 1 15 Sec. 2. Section 229A.7, subsection 1, Code 2001, is 1 16 amended to read as follows: 1 17 1. If the person charged with a sexually violent offense 1 18 has been found incompetent to stand trial and the person is 1 19 about to be released pursuant tosection 812.5chapter 812, or 1 20 the person has been found not guilty of a sexually violent 1 21 offense by reason of insanity, if a petition has been filed 1 22 seeking the person's commitment under this chapter, the court 1 23 shall first hear evidence and determine whether the person did 1 24 commit the act or acts charged. At the hearing on this issue, 1 25 the rules of evidence applicable in criminal cases shall 1 26 apply, and all constitutional rights available to defendants 1 27 at criminal trials, other than the right not to be tried while 1 28 incompetent, shall apply. After hearing evidence on this 1 29 issue, the court shall make specific findings on whether the 1 30 person did commit the act or acts charged, the extent to which 1 31 the person's incompetence or insanity affected the outcome of 1 32 the hearing, including its effect on the person's ability to 1 33 consult with and assist counsel and to testify on the person's 1 34 own behalf, the extent to which the evidence could be 1 35 reconstructed without the assistance of the person, and the 2 1 strength of the prosecution's case. If after the conclusion 2 2 of the hearing on this issue, the court finds, beyond a 2 3 reasonable doubt, that the person did commit the act or acts 2 4 charged, the court shall enter a final order, appealable by 2 5 the person, on that issue, and may proceed to consider whether 2 6 the person should be committed pursuant to this chapter. 2 7 Sec. 3. Section 331.653, subsection 63, Code 2001, is 2 8 amended to read as follows: 2 9 63. Carry out duties relating to the confinement of 2 10 personswith mental illness orwho are considered dangerous 2 11 persons under section 811.1A or persons with mental illness as 2 12 provided insection 812.5chapter 812. 2 13 Sec. 4. NEW SECTION. 811.1A DETENTION HEARING. 2 14 1. When a defendant is awaiting sentencing after 2 15 conviction for a felony or is pursuing an appeal in such a 2 16 case following sentencing, and the defendant would otherwise 2 17 be eligible to be admitted to bail under this chapter, but it 2 18 appears by clear and convincing evidence that if released the 2 19 defendant is likely to pose a danger to another person or to 2 20 the property of others, the defendant may be detained under 2 21 the authority of this section and in the manner provided in 2 22 subsection 2. 2 23 2. The following procedures shall apply to detention 2 24 hearings held pursuant to subsection 1: 2 25 a. The prosecuting attorney may initiate a detention 2 26 hearing by a verified ex parte written motion. Upon such 2 27 motion, the district court may issue a warrant for the 2 28 immediate arrest of the defendant, if the defendant is not in 2 29 custody. 2 30 b. The defendant shall be brought before the district 2 31 court within twenty-four hours after arrest, or if the 2 32 defendant is in custody the defendant shall be brought before 2 33 the district court within twenty-four hours of the prosecuting 2 34 attorney's filing of the motion. The detention hearing shall 2 35 be held within seventy-two hours of the defendant's arrest, or 3 1 if the defendant is in custody the detention hearing shall be 3 2 held within seventy-two hours of the filing of the motion. 3 3 c. The defendant shall be entitled to representation by 3 4 counsel, including appointed counsel if indigent, and shall be 3 5 entitled to the right of cross-examination and to present 3 6 information, to testify, and to present witnesses in the 3 7 defendant's own behalf, but shall not be entitled to being 3 8 admitted to bail. 3 9 d. Testimony of the defendant given during the hearing 3 10 shall not be admissible on the issue of guilt in any other 3 11 judicial proceeding, subject only to the following exceptions: 3 12 Such testimony shall be admissible in proceedings under 3 13 section 811.2, subsection 8, and section 811.8, and in perjury 3 14 proceedings. 3 15 e. Appeals from orders of detention may be taken in the 3 16 manner provided under section 811.2, subsection 7. 3 17 f. If the trial court issues an order of detention, the 3 18 order shall be accompanied by a written finding of fact and 3 19 the reasons for the detention order. 3 20 g. For the purposes of such proceedings, the trial court 3 21 is not divested of jurisdiction by the filing of a notice of 3 22 appeal. 3 23 Sec. 5. Section 812.3, Code 2001, is amended to read as 3 24 follows: 3 25 812.3 MENTAL INCOMPETENCY OF ACCUSED. 3 26 If at any stage of a criminal proceedingit reasonably3 27appears, the court, upon its own motion, or the prosecutor or 3 28 defense attorney, upon application to the court, alleges that 3 29 probable cause exists that the defendant is suffering from a 3 30 mental disorder which prevents the defendant from appreciating 3 31 the charge, understanding the proceedings, or assisting 3 32 effectively in the defense, the court shall suspend further 3 33 proceedingsmust be suspendedand schedule a hearinghadupon 3 34 that question. The court shall order the defendant to undergo 3 35 a psychiatric evaluation by a qualified physician to determine 4 1 whether the defendant is suffering from a mental disorder 4 2 which prevents the defendant from appreciating the charge, 4 3 understanding the proceedings, or assisting effectively in the 4 4 defense. If a recent examination has been conducted, the 4 5 court is not required to order a new examination and may use 4 6 the recent examination during a hearing under this chapter. 4 7 Sec. 6. Section 812.4, Code 2001, is amended by striking 4 8 the section and inserting in lieu thereof the following: 4 9 812.4 HEARING. 4 10 1. A hearing shall be held within seven days of the filing 4 11 of the order for an examination, or within five days of the 4 12 court's motion or the filing of an application, if the 4 13 defendant has had a recent examination. Pending the hearing, 4 14 no further proceedings shall be taken under the complaint or 4 15 indictment and the defendant's right to a speedy indictment 4 16 and speedy trial shall be tolled until the court finds the 4 17 defendant competent to stand trial. 4 18 2. The defendant shall be entitled to representation by 4 19 counsel, including appointed counsel if indigent, and shall be 4 20 entitled to the right of cross-examination and to present 4 21 evidence. 4 22 3. Testimony of the defendant given during the hearing 4 23 shall not be admissible on the issue of guilt in any other 4 24 judicial proceeding, subject only to the following exceptions: 4 25 Such testimony shall be admissible in proceedings under 4 26 section 811.2, subsection 8, and section 811.8, and in perjury 4 27 proceedings. 4 28 Sec. 7. Section 812.5, Code 2001, is amended by striking 4 29 the section and inserting in lieu thereof the following: 4 30 812.5 FINDINGS. 4 31 The court shall receive all relevant and material evidence 4 32 offered at the hearing and shall not be bound by the formal 4 33 rules of evidence. The evidence shall include the psychiatric 4 34 evaluation ordered under section 812.3 or any recent 4 35 examination of the defendant. 5 1 1. If the court finds the defendant is not suffering from 5 2 a mental disorder and is competent to stand trial, the court 5 3 shall reinstate the criminal proceedings suspended under 5 4 section 812.3. 5 5 2. If the court, by a preponderance of the evidence, finds 5 6 the defendant is suffering from a mental disorder which 5 7 prevents the defendant from appreciating the charge, 5 8 understanding the proceedings, or assisting effectively in the 5 9 defense, the court shall suspend the criminal proceedings 5 10 indefinitely and order the defendant be placed in an inpatient 5 11 treatment program pursuant to section 812.6 until the 5 12 competency of the defendant is restored. 5 13 Sec. 8. NEW SECTION. 812.6 PLACEMENT AND TREATMENT. 5 14 1. If the court finds the defendant does not pose a danger 5 15 to the public peace or safety, the court shall place the 5 16 defendant at any public or private inpatient treatment 5 17 facility designated through the "single point of entry 5 18 process" as defined in section 331.440. The placement shall 5 19 be in a program that is appropriate for treating the 5 20 defendant's mental disorder. 5 21 2. If the court finds that the person does pose a danger 5 22 to the public peace or safety, the court shall commit the 5 23 defendant to the department of corrections for treatment at 5 24 the Iowa medical classification center. The director of the 5 25 department of corrections may transfer the defendant to 5 26 another correctional institution that also provides adequate 5 27 security, diagnosis, and treatment. 5 28 Sec. 9. NEW SECTION. 812.7 PAYMENT OF COSTS. 5 29 If the court places the defendant in a public or private 5 30 inpatient treatment facility under section 812.6, the costs 5 31 shall be paid in accordance with chapter 230. If the 5 32 defendant is committed to the department of corrections, the 5 33 costs shall be paid by the department. If at anytime the 5 34 defendant is confined in a county jail, the county where the 5 35 court's motion or the application is filed shall be 6 1 responsible for the costs of confining the defendant. 6 2 Sec. 10. NEW SECTION. 812.8 REPORT OF THE DIRECTOR OF 6 3 THE DEPARTMENT OF CORRECTIONS OR RESIDENTIAL TREATMENT 6 4 FACILITY. 6 5 The director of the department of corrections or the 6 6 director of the facility where the defendant is being held and 6 7 treated pursuant to the court's order, shall provide a written 6 8 status report to the court regarding the defendant's mental 6 9 disorder within forty-five days of the defendant's placement 6 10 at a correctional institution or residential treatment 6 11 facility and every forty-five days thereafter until the 6 12 defendant is released. 6 13 Sec. 11. NEW SECTION. 812.9 RESTORATION OF MENTAL 6 14 COMPETENCY. 6 15 1. Upon a medical finding that there is substantial 6 16 probability the defendant is no longer suffering from a mental 6 17 disorder which prevents the defendant from appreciating the 6 18 charge, understanding the proceedings, and effectively 6 19 assisting in the defendant's defense, the director of the 6 20 department of corrections or the director of the facility 6 21 shall notify the court. 6 22 2. Upon receiving notification under subsection 1, the 6 23 court shall schedule a hearing within seven days of the 6 24 notification being filed with the court. The court shall also 6 25 issue an order to transport the defendant to the hearing. The 6 26 defendant shall be transported by the sheriff of the county 6 27 where the court's motion or the application was filed. 6 28 3. If the court finds by a preponderance of the evidence 6 29 that the defendant is competent to stand trial, the court 6 30 shall terminate the placement under section 812.6, and shall 6 31 reinstate the criminal proceedings against the defendant. 6 32 Sec. 12. NEW SECTION. 812.10 LENGTH OF PLACEMENT – 6 33 OTHER COMMITMENT PROCEEDINGS. 6 34 1. The defendant shall not be placed in an inpatient 6 35 treatment facility or committed to the department of 7 1 corrections for a period greater in length than the maximum 7 2 term of confinement for the criminal offense of which the 7 3 defendant is accused. The length of the maximum term of 7 4 confinement of the offense of which the defendant is accused 7 5 shall be reduced in accordance with chapter 903A. When the 7 6 defendant's placement equals the length of the maximum term of 7 7 confinement, the complaint for the criminal offense of which 7 8 the defendant is accused shall be dismissed with prejudice. 7 9 2. Upon the expiration of the defendant's placement, the 7 10 state may commence civil commitment proceedings or any other 7 11 appropriate commitment proceedings or the defendant shall be 7 12 released by the residential treatment facility or the 7 13 department of corrections. 7 14 Sec. 13. Section 815.7, Code 2001, is amended to read as 7 15 follows: 7 16 815.7 FEES TO ATTORNEYS. 7 17 An attorney who has not entered into a contract authorized 7 18 under section 13B.4 and who is appointed by the court to 7 19 represent any person charged with a crime in this state, 7 20 seeking postconviction relief, against whom a contempt action 7 21 is pending, appealing a criminal conviction, appealing a 7 22 denial of postconviction relief, or subject to a proceeding 7 23 under section 811.1A or chapter 229A or 812, or to serve as 7 24 counsel for any person or guardian ad litem for any child in 7 25 juvenile court, shall be entitled to reasonable compensation 7 26 and expenses. For appointments made on or after July 1, 1999, 7 27 the reasonable compensation shall be calculated on the basis 7 28 of sixty dollars per hour for class "A" felonies, fifty-five 7 29 dollars per hour for class "B" felonies, and fifty dollars per 7 30 hour for all other cases. The expenses shall include any sums 7 31 as are necessary for investigations in the interest of 7 32 justice, and the cost of obtaining the transcript of the trial 7 33 record and briefs if an appeal is filed. The attorney need 7 34 not follow the case into another county or into the appellate 7 35 court unless so directed by the court. If the attorney 8 1 follows the case into another county or into the appellate 8 2 court, the attorney shall be entitled to compensation as 8 3 provided in this section. Only one attorney fee shall be so 8 4 awarded in any one case except that in class "A" felony cases, 8 5 two may be authorized. 8 6 Sec. 14. Section 815.9, subsection 1, unnumbered paragraph 8 7 1, Code 2001, is amended to read as follows: 8 8 For purposes of this chapter, chapter 13B, chapter 229A, 8 9 chapter 232, chapter 665, chapter 812, chapter 814, chapter 8 10 822, section 811.1A, and the rules of criminal procedure, a 8 11 person is indigent if the person is entitled to an attorney 8 12 appointed by the court as follows: 8 13 Sec. 15. Section 815.10, subsection 1, Code 2001, is 8 14 amended to read as follows: 8 15 1. The court, for cause and upon its own motion or upon 8 16 application by an indigent person or a public defender, shall 8 17 appoint the state public defender's designee pursuant to 8 18 section 13B.4, or an attorney pursuant to section 13B.9, to 8 19 represent an indigent person at any stage of the criminal, 8 20 postconviction, contempt, commitment under chapter 229A, 8 21 detention under section 811.1A, competency under chapter 812, 8 22 or juvenile proceedings or on appeal of any criminal, 8 23 postconviction, contempt, commitment under chapter 229A, 8 24 detention under section 811.1A, competency under chapter 812, 8 25 or juvenile action in which the indigent person is entitled to 8 26 legal assistance at public expense. However, in juvenile 8 27 cases, the court may directly appoint an existing nonprofit 8 28 corporation established for and engaged in the provision of 8 29 legal services for juveniles. An appointment shall not be 8 30 made unless the person is determined to be indigent under 8 31 section 815.9. Only one attorney shall be appointed in all 8 32 cases, except that in class "A" felony cases the court may 8 33 appoint two attorneys. 8 34 Sec. 16. Section 815.11, Code 2001, is amended to read as 8 35 follows: 9 1 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 9 2 Costs incurred under chapter 229A, 665, 812, or 822, or 9 3 section 232.141, subsection 3, paragraph "c", or sections 9 4 811.1A, 814.9, 814.10, 814.11, 815.4, 815.5, 815.6, 815.7, and 9 5 815.10, or the rules of criminal procedure on behalf of an 9 6 indigent shall be paid from funds appropriated by the general 9 7 assembly to the office of the state public defender in the 9 8 department of inspections and appeals for those purposes. 9 9 Sec. 17. Sections 812.1 and 812.2, Code 2001, are 9 10 repealed. 9 11 EXPLANATION 9 12 This bill relates to detaining criminal defendants who are 9 13 mentally incompetent or who are dangerous to others or 9 14 property. 9 15 The bill moves Code sections 812.1 and 812.2 relating to 9 16 the confinement of dangerous persons to Code chapter 811, and 9 17 makes some related changes. Current law and the bill provide 9 18 that a person who is awaiting sentencing and who is suspected 9 19 of being a danger to another person or property may be denied 9 20 bail. The county attorney may file a verified ex parte motion 9 21 requesting a detention hearing and asking the court for the 9 22 immediate arrest of the defendant, if the person is not 9 23 already in custody. The bill provides that the detention 9 24 hearing must be brought before the judge within 72 hours of 9 25 the defendant's arrest, or if the defendant is in custody, 9 26 within 72 hours of the filing of the motion. If the court 9 27 finds by clear and convincing evidence that the person is a 9 28 danger to another person or property, the person shall be 9 29 denied bail. 9 30 The bill amends Code chapter 812 relating to detaining a 9 31 criminal defendant who is mentally incompetent to stand trial. 9 32 The bill and current law generally provide that at any stage 9 33 of a criminal proceeding, the court on its own motion, or the 9 34 prosecutor or defense attorney, may make an application to the 9 35 court stating that probable cause exists that the defendant is 10 1 suffering from a mental disorder and is not competent to stand 10 2 trial. Current law and the bill provide that upon the filing 10 3 of a motion, the court shall suspend further proceedings, the 10 4 defendant's right to a speedy indictment and speedy trial are 10 5 tolled, and a hearing must be held on the defendant's 10 6 competency. The court may order a psychiatric examination of 10 7 the defendant, or if a recent examination exists, the court 10 8 may use that examination in the competency hearing. 10 9 The bill provides that a competency hearing shall be held 10 10 within seven days of the filing of the order for a psychiatric 10 11 examination, or within five days of the filing of an 10 12 application, if the defendant already had a recent 10 13 examination. 10 14 The bill provides that if the court finds the person is 10 15 competent to stand trial, the court shall reinstate the 10 16 criminal proceedings against the defendant. 10 17 The bill provides that if the court finds by a 10 18 preponderance of the evidence that the person is suffering 10 19 from a mental disorder and is incompetent to stand trial, the 10 20 court shall place the defendant in a treatment facility. 10 21 Upon a finding the person is incompetent and the court 10 22 finds the person does not pose a threat to the public, the 10 23 court shall place the person in a public or private inpatient 10 24 treatment facility designated through the "single point of 10 25 entry process" as defined in Code section 331.440. The costs 10 26 of inpatient treatment shall be paid in accordance with Code 10 27 chapter 230. 10 28 The bill provides that if the court finds the person poses 10 29 a threat to the public, the court shall commit the person to 10 30 the custody of the department of corrections for treatment at 10 31 the Iowa medical classification center. The costs of the 10 32 treatment and confinement shall be paid for by the department. 10 33 The bill provides that the director of the department of 10 34 corrections or the director of the residential treatment 10 35 facility where the person was placed shall provide to the 11 1 court a status report every 45 days until the person is 11 2 released. 11 3 The bill provides that upon a medical finding that there is 11 4 a substantial probability the defendant is no longer suffering 11 5 from a mental disorder which prevents the defendant from 11 6 appreciating the charge, understanding the proceedings, and 11 7 effectively assisting in the defendant's defense, the court 11 8 shall set a hearing on the defendant's competency within seven 11 9 days of being notified of the medical finding. If the court 11 10 finds by a preponderance of the evidence that the defendant is 11 11 competent to stand trial, the court shall reinstate the 11 12 criminal proceedings against the defendant. 11 13 The bill provides that the defendant shall not be placed in 11 14 a residential treatment facility or committed to the 11 15 department of corrections for a period of time greater in 11 16 length than the maximum term of confinement of the criminal 11 17 offense of which the defendant is accused. The maximum term 11 18 of confinement shall be reduced in accordance with Code 11 19 chapter 903A. The bill provides that upon the expiration of 11 20 the defendant's placement, the state may commence civil 11 21 commitment or any other appropriate commitment proceedings 11 22 against the defendant, or must release the defendant from 11 23 custody. 11 24 LSB 3579HC 79 11 25 jm/gg/8
Text: HSB00548 Text: HSB00550 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Jan 25 07:05:39 CST 2002
URL: /DOCS/GA/79GA/Legislation/HSB/00500/HSB00549/020124.html
jhf