Text: HF02292                           Text: HF02294
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2293

Partial Bill History

Bill Introduced: H.J. 267.2
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 226.27, Code 2003, is amended to read
  1  2 as follows:
  1  3    226.27  PATIENT ACCUSED OR ACQUITTED OF CRIME OR AWAITING
  1  4 JUDGMENT.
  1  5    If a patient was committed to a state hospital or a
  1  6 community-based program for evaluation or treatment under
  1  7 chapter 812 or the rules of criminal procedure, further
  1  8 proceedings shall be had held under chapter 812 or the
  1  9 applicable rule when the evaluation has been completed or the
  1 10 patient has regained mental capacity, as the case may be.
  1 11    Sec. 2.  Section 812.4, Code 2003, is amended to read as
  1 12 follows:
  1 13    812.4  CESSATION OF CRIMINAL PROSECUTION.
  1 14    If, upon hearing conducted by the court, the accused is
  1 15 found to be incapacitated in the manner described in section
  1 16 812.3, no further proceedings shall be taken under the
  1 17 complaint or indictment until the accused's capacity is
  1 18 restored, and, if the accused's release will endanger the
  1 19 public peace or safety, the court must order the accused
  1 20 committed for treatment to the custody of the department of
  1 21 human services or to the custody of the department of
  1 22 corrections for placement at the Iowa medical and
  1 23 classification center.  A person committed for treatment
  1 24 pursuant to this section shall be placed at an appropriate
  1 25 public or private institution or community-based program.
  1 26    Sec. 3.  Section 812.5, Code 2003, is amended to read as
  1 27 follows:
  1 28    812.5  EFFECT OF RESTORATION OF MENTAL CAPACITY.
  1 29    1.  If the accused is committed to the department of human
  1 30 services or to the department of corrections for placement at
  1 31 the Iowa medical and classification center under section
  1 32 812.4, after the expiration of a period not to exceed six
  1 33 months, the court shall upon hold a hearing to review the
  1 34 confinement and determine whether there is a substantial
  1 35 probability the accused will regain capacity within a
  2  1 reasonable time.  If not, the state shall be directed to
  2  2 institute civil commitment proceedings.  When it thereafter At
  2  3 the time it appears that the accused can effectively assist in
  2  4 the accused's defense, the department shall give notice to the
  2  5 sheriff and county attorney of the proper county of such that
  2  6 fact, and the.  The sheriff, without delay, shall receive and
  2  7 hold the accused in custody until the accused is brought to
  2  8 trial or judgment, as the case may be, or is legally
  2  9 discharged, the.
  2 10    2.  The expense for conveying and returning the accused, or
  2 11 any other related expense, to shall be paid in the first
  2 12 instance by the county from which the accused is sent, but
  2 13 such that county may recover the same expense from another
  2 14 county or municipal body required to provide for or maintain
  2 15 the accused elsewhere, and the.  The sheriff shall be allowed
  2 16 for the sheriff's services the same fees as are allowed for
  2 17 conveying persons to institutions under section 331.655.  
  2 18                           EXPLANATION
  2 19    This bill authorizes the use of public or private
  2 20 institutions or community-based programs for treatment ordered
  2 21 under Code chapter 812 to restore the competency of persons
  2 22 found to be mentally incompetent to stand trial.
  2 23    Under Code chapter 812, relating to confinement of
  2 24 dangerous persons and persons with mental incompetence, if an
  2 25 accused individual is determined to be incompetent to stand
  2 26 trial but there is a reasonable probability the accused can be
  2 27 restored to competency, the court is required to order
  2 28 commitment to the department of human services or the
  2 29 department of corrections.  The only placement option for the
  2 30 department of corrections is the Iowa medical and
  2 31 classification center.
  2 32    The bill provides that if an accused is committed to the
  2 33 department of human services or the department of corrections
  2 34 under Code chapter 812, the person shall be placed in an
  2 35 appropriate public or private institution or community-based
  3  1 program.  
  3  2 LSB 5896YH 80
  3  3 jp/sh/8

Text: HF02292                           Text: HF02294
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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