Text: HSB00161 Text: HSB00163 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13B.4, subsection 1, Code 2003, 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, in juvenile 1 8 proceedings, on appeal in criminal cases, on appeal in 1 9 proceedings to obtain postconviction relief when ordered to do 1 10 so by the district court in which the judgment or order was 1 11 issued, and on a reopening of a sentence proceeding, and may 1 12 provide for the representation of indigents in proceedings 1 13 instituted pursuant to section 908.11. The state public 1 14 defender shall not engage in the private practice of law. 1 15 Sec. 2. Section 229A.7, subsection 1, Code 2003, 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 2003, 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 a detention 2 24 hearing: 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, except that such testimony shall be 3 12 admissible in proceedings under section 811.2, subsection 8, 3 13 and section 811.8, and in perjury proceedings. 3 14 e. Appeals from orders of detention may be taken in the 3 15 manner provided under section 811.2, subsection 7. 3 16 f. If the trial court issues an order of detention, the 3 17 order shall be accompanied by a written finding of fact and 3 18 the reasons for the detention order. 3 19 g. For the purposes of such proceedings, the trial court 3 20 is not divested of jurisdiction by the filing of a notice of 3 21 appeal. 3 22 Sec. 5. Section 812.3, Code 2003, is amended to read as 3 23 follows: 3 24 812.3 MENTAL INCOMPETENCY OF ACCUSED. 3 25 If at any stage of a criminal proceedingit reasonably3 26appears, the court, upon its own motion, or the prosecutor or 3 27 defense attorney, upon application to the court, alleges that 3 28 probable cause exists that the defendant is suffering from a 3 29 mental disorder which prevents the defendant from appreciating 3 30 the charge, understanding the proceedings, or assisting 3 31 effectively in the defense, the court shall suspend further 3 32 proceedingsmust be suspendedand schedule a hearinghadupon 3 33 that question. The court shall order the defendant to undergo 3 34 a psychiatric evaluation by a qualified physician to determine 3 35 whether the defendant is suffering from a mental disorder 4 1 which prevents the defendant from appreciating the charge, 4 2 understanding the proceedings, or assisting effectively in the 4 3 defense. If a recent examination has been conducted, the 4 4 court is not required to order a new examination and may use 4 5 the recent examination during a hearing under this chapter. 4 6 Sec. 6. Section 812.4, Code 2003, is amended by striking 4 7 the section and inserting in lieu thereof the following: 4 8 812.4 HEARING. 4 9 1. A hearing shall be held within fourteen days of the 4 10 filing of the order for an examination, or within five days of 4 11 the court's motion or the filing of an application, if a 4 12 recent examination will be used during the hearing. Pending 4 13 the hearing, no further proceedings shall be taken under the 4 14 complaint or indictment and the defendant's right to a speedy 4 15 indictment and speedy trial shall be tolled until the court 4 16 finds the defendant competent to stand trial. 4 17 2. The defendant shall be entitled to representation by 4 18 counsel, including appointed counsel if indigent, and shall be 4 19 entitled to the right of cross-examination and to present 4 20 evidence. 4 21 3. Testimony of the defendant given during the hearing 4 22 shall not be admissible on the issue of guilt in any other 4 23 judicial proceeding, except that such testimony shall be 4 24 admissible in proceedings under section 811.2, subsection 8, 4 25 and section 811.8, and in perjury proceedings. 4 26 Sec. 7. Section 812.5, Code 2003, is amended by striking 4 27 the section and inserting in lieu thereof the following: 4 28 812.5 COMPETENCY HEARING – FINDINGS. 4 29 The court shall receive all relevant and material evidence 4 30 offered at the hearing and shall not be bound by the formal 4 31 rules of evidence. The evidence shall include the psychiatric 4 32 evaluation ordered under section 812.3 or any recent 4 33 examination of the defendant. The burden of proof shall be on 4 34 the state. 4 35 1. If the court finds the defendant is competent to stand 5 1 trial, the court shall reinstate the criminal proceedings 5 2 suspended under section 812.3. 5 3 2. If the court, by a preponderance of the evidence, finds 5 4 the defendant is suffering from a mental disorder which 5 5 prevents the defendant from appreciating the charge, 5 6 understanding the proceedings, or assisting effectively in the 5 7 defense, the court shall suspend the criminal proceedings 5 8 indefinitely and order the defendant to be placed in a 5 9 treatment program pursuant to section 812.6. 5 10 Sec. 8. NEW SECTION. 812.6 PLACEMENT AND TREATMENT. 5 11 1. If the court finds the defendant does not pose a danger 5 12 to the public peace and safety, is qualified for pretrial 5 13 release, and is willing to cooperate with treatment, the court 5 14 shall order that the defendant obtain a complete psychiatric 5 15 evaluation and undergo mental health treatment designed to 5 16 restore the defendant to competency. 5 17 2. The burden of proof shall be on the state. If the 5 18 court finds by clear and convincing evidence that the person 5 19 does pose a danger to the public peace or safety, or that the 5 20 defendant is not qualified for pretrial release, or the 5 21 defendant refuses to cooperate with treatment, the court shall 5 22 commit the defendant to an appropriate inpatient treatment 5 23 facility in the following manner: 5 24 a. A defendant who does pose a danger to the public peace 5 25 or safety shall be committed as a safekeeper to the custody of 5 26 the director of the department of corrections for treatment. 5 27 The director of the department of corrections or the 5 28 director's designee shall place the defendant in an 5 29 appropriate correctional facility designed for restoring the 5 30 defendant to competency. 5 31 b. A defendant who does not pose a danger to the public 5 32 peace or safety, but is otherwise not qualified for pretrial 5 33 release or who refuses to cooperate with treatment, shall be 5 34 committed to the custody of the director of human services. 5 35 The director or the director's designee shall place the 6 1 defendant in an appropriate department of human services 6 2 facility designed for restoring the defendant to competency. 6 3 3. A defendant ordered to receive treatment under this 6 4 section may refuse chemotherapy or other somatic treatment. 6 5 However, chemotherapy or other somatic treatment is required 6 6 if the director of the facility where the defendant is 6 7 receiving treatment determines that the defendant poses a 6 8 danger to oneself or others and that chemotherapy or somatic 6 9 treatment is necessary to preserve the life of the defendant 6 10 or to appropriately control behavior. If the defendant 6 11 refuses chemotherapy or other somatic treatments, the director 6 12 or the director's designee of the facility treating the 6 13 defendant may request an order authorizing the use of 6 14 chemotherapy or other somatic treatments from the district 6 15 court which ordered the defendant's treatment. 6 16 Sec. 9. NEW SECTION. 812.8 MENTAL DISORDER STATUS 6 17 REPORTS. 6 18 The psychiatrist or licensed doctorate-level psychologist 6 19 providing outpatient treatment to the defendant, or the 6 20 director of the facility where the defendant is being held and 6 21 treated pursuant to a court order, shall provide a written 6 22 status report to the court regarding the defendant's mental 6 23 disorder within thirty days of the defendant's placement 6 24 pursuant to section 812.6. The report shall state whether it 6 25 appears that the defendant is suffering from a mental disorder 6 26 which prevents the defendant from appreciating the charge, 6 27 understanding the proceedings, or assisting effectively in the 6 28 defendant's defense. Progress reports shall be provided to 6 29 the court every sixty days or less thereafter until the 6 30 defendant's competency is restored or the placement of the 6 31 defendant is terminated. 6 32 Sec. 10. NEW SECTION. 812.9 RESTORATION OF MENTAL 6 33 COMPETENCY. 6 34 1. After a finding that a substantial probability exists 6 35 that the defendant has acquired the ability to appreciate the 7 1 charge, understand the proceedings, and effectively assist in 7 2 the defendant's defense, the psychiatrist or licensed 7 3 doctorate-level psychologist providing outpatient treatment to 7 4 the defendant or the director of the inpatient facility 7 5 providing treatment shall immediately notify the court. Upon 7 6 receiving notice under this subsection, the court shall 7 7 proceed as provided in subsection 4. 7 8 2. A treating psychiatrist or licensed doctorate-level 7 9 psychologist may, at any time, notify the court that the 7 10 defendant receiving outpatient treatment requires inpatient 7 11 treatment in order for the defendant to continue making 7 12 progress from treatment or that it is appropriate for a 7 13 defendant receiving inpatient treatment to receive outpatient 7 14 treatment. Upon receiving notification, the court shall 7 15 proceed as provided under subsection 4. 7 16 3. A treating psychiatrist or licensed doctorate-level 7 17 psychologist who makes a finding that a substantial 7 18 probability exists that the defendant will not acquire the 7 19 ability to appreciate the charge, understand the proceedings, 7 20 and effectively assist in the defendant's defense in a 7 21 reasonable amount of time, shall notify the court. Upon 7 22 receiving notification, the court shall proceed as provided 7 23 under subsection 4. 7 24 4. Upon receiving a notification under this section, the 7 25 court shall schedule a hearing within fourteen days of the 7 26 notification's filing with the clerk of court. The court 7 27 shall also issue an order to transport the defendant to the 7 28 hearing if the defendant is in custody or is being held in an 7 29 inpatient facility. The defendant shall be transported by the 7 30 sheriff of the county where the court's motion or the 7 31 application to suspend criminal proceedings was filed. 7 32 a. The burden of proof shall be on the state to prove by a 7 33 preponderance of the evidence that the defendant's competency 7 34 has been restored. If the court finds by a preponderance of 7 35 the evidence that the defendant's competency has been 8 1 restored, the court shall terminate the placement pursuant to 8 2 section 812.6, and reinstate the criminal proceedings against 8 3 the defendant, and may order continued treatment to maintain 8 4 the competency of the defendant. 8 5 b. If the state has not proven by a preponderance of the 8 6 evidence that the defendant's competency has been restored but 8 7 the defendant is making progress in regaining competency, the 8 8 court may continue the placement ordered pursuant to section 8 9 812.6, or place the defendant in a more restrictive or less 8 10 restrictive placement to ensure continued progress. 8 11 c. If the state has not proven by a preponderance of the 8 12 evidence that the defendant's competency has been restored, 8 13 and the court finds that there is a substantial probability 8 14 the defendant's competency will not be restored in a 8 15 reasonable amount of time, the court shall terminate the 8 16 placement under this chapter in accordance with the provisions 8 17 of section 812.10. 8 18 Sec. 11. NEW SECTION. 812.10 LENGTH OF PLACEMENT – 8 19 OTHER COMMITMENT PROCEEDINGS – CRIMINAL PROCEEDINGS AFTER 8 20 TERMINATION OF PLACEMENT. 8 21 1. The defendant shall not remain in placement pursuant to 8 22 this chapter for a period greater in length than the maximum 8 23 term of confinement for the criminal offense for which the 8 24 defendant is accused or eighteen months, whichever is shorter. 8 25 When the defendant's placement pursuant to this chapter and 8 26 other confinement equals the length of the maximum term of 8 27 confinement of the criminal offense for which the defendant is 8 28 accused, the complaint for the criminal offense of which the 8 29 defendant is accused shall be dismissed with prejudice. 8 30 2. The state, at any time, or at least thirty days prior 8 31 to a defendant's placement being terminated pursuant to 8 32 subsection 1, shall file an application for a hearing to 8 33 determine whether the defendant's mental competency has been 8 34 restored. If the state does not prove by a preponderance of 8 35 the evidence that the defendant's mental competency has been 9 1 restored, the court shall terminate the placement of the 9 2 defendant. If the state has proven by a preponderance of the 9 3 evidence that the defendant's mental competency has been 9 4 restored, the court shall terminate the placement pursuant to 9 5 section 812.6, and reinstate the criminal proceedings against 9 6 the defendant, and may order continued treatment to maintain 9 7 the competency of the defendant. 9 8 3. If placement is terminated under this chapter, the 9 9 state may commence civil commitment proceedings under chapter 9 10 229 or 229A. 9 11 4. If placement has been terminated under this chapter and 9 12 the criminal offense for which the defendant is accused has 9 13 not been dismissed with prejudice and the statute of 9 14 limitations has not run, and it appears the defendant has 9 15 regained competency, the state may file an application to 9 16 reinstate the criminal proceedings for which the defendant is 9 17 accused. At the hearing on the application, the burden of 9 18 proof shall be on the state to prove by a preponderance of the 9 19 evidence that the defendant's competency has been restored. 9 20 If the court finds the defendant's competency has been 9 21 restored, the criminal proceedings for which the defendant is 9 22 accused shall be reinstated. If the court finds the 9 23 defendant's mental competency has not been restored, the court 9 24 shall dismiss the application. 9 25 Sec. 12. Section 815.7, Code 2003, is amended to read as 9 26 follows: 9 27 815.7 FEES TO ATTORNEYS. 9 28 An attorney who has not entered into a contract authorized 9 29 under section 13B.4 and who is appointed by the court to 9 30 represent any person charged with a crime in this state, 9 31 seeking postconviction relief, against whom a contempt action 9 32 is pending, appealing a criminal conviction, appealing a 9 33 denial of postconviction relief, or subject to a proceeding 9 34 under section 811.1A or chapter 229A or 812, or to serve as 9 35 counsel for any person or guardian ad litem for any child in 10 1 juvenile court, shall be entitled to reasonable compensation 10 2 and expenses. For appointments made on or after July 1, 1999, 10 3 the reasonable compensation shall be calculated on the basis 10 4 of sixty dollars per hour for class "A" felonies, fifty-five 10 5 dollars per hour for class "B" felonies, and fifty dollars per 10 6 hour for all other cases. The expenses shall include any sums 10 7 as are necessary for investigations in the interest of 10 8 justice, and the cost of obtaining the transcript of the trial 10 9 record and briefs if an appeal is filed. The attorney need 10 10 not follow the case into another county or into the appellate 10 11 court unless so directed by the court. If the attorney 10 12 follows the case into another county or into the appellate 10 13 court, the attorney shall be entitled to compensation as 10 14 provided in this section. Only one attorney fee shall be so 10 15 awarded in any one case except that in class "A" felony cases, 10 16 two may be authorized. 10 17 Sec. 13. Section 815.9, subsection 1, unnumbered paragraph 10 18 1, Code 2003, is amended to read as follows: 10 19 For purposes of this chapter,chapterchapters 13B,chapter10 20 229A,chapter232,chapter665,chapter812, 814,chapterand 10 21 822, and section 811.1A, and the rules of criminal procedure, 10 22 a person is indigent if the person is entitled to an attorney 10 23 appointed by the court as follows: 10 24 Sec. 14. Section 815.10, subsection 1, Code 2003, is 10 25 amended to read as follows: 10 26 1. The court, for cause and upon its own motion or upon 10 27 application by an indigent person or a public defender, shall 10 28 appoint the state public defender's designee pursuant to 10 29 section 13B.4, to represent an indigent person at any stage of 10 30 the criminal, postconviction, contempt, commitment under 10 31 chapter 229A, detention under section 811.1A, competency under 10 32 chapter 812, or juvenile proceedings or on appeal of any 10 33 criminal, postconviction, contempt, commitment under chapter 10 34 229A, detention under section 811.1A, competency under chapter 10 35 812, or juvenile action in which the indigent person is 11 1 entitled to legal assistance at public expense. However, in 11 2 juvenile cases, the court may directly appoint an existing 11 3 nonprofit corporation established for and engaged in the 11 4 provision of legal services for juveniles. An appointment 11 5 shall not be made unless the person is determined to be 11 6 indigent under section 815.9. Only one attorney shall be 11 7 appointed in all cases, except that in class "A" felony cases 11 8 the court may appoint two attorneys. 11 9 Sec. 15. Section 815.11, Code 2003, is amended to read as 11 10 follows: 11 11 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 11 12 Costs incurred under chapter 229A, 665, 812, or 822, or 11 13 section 232.141, subsection 3, paragraph "c", or section 11 14 811.1A, 814.9, 814.10, 814.11, 815.4, 815.5, 815.7, 815.10, or 11 15 908.11 on behalf of an indigent shall be paid from funds 11 16 appropriated by the general assembly to the office of the 11 17 state public defender in the department of inspections and 11 18 appeals for those purposes. Costs incurred under other 11 19 provisions of the Code or administrative rules are not payable 11 20 from these funds. 11 21 Sec. 16. Section 904.201, subsection 3, paragraph b, Code 11 22 2003, is amended to read as follows: 11 23 b. Persons committed by the courts as mentally incompetent 11 24 to stand trialunder section 812.4pursuant to section 812.6. 11 25 Sec. 17. Sections 812.1 and 812.2, Code 2003, are 11 26 repealed. 11 27 Sec. 18. PAYMENT OF COSTS – INTERIM. The responsibility 11 28 for payment of costs for persons with a mental disorder under 11 29 chapter 812 shall be as provided pursuant to chapter 812, Code 11 30 2003, and related law, until such time legislation is enacted 11 31 allocating the costs differently among the state and the 11 32 political subdivisions of the state. 11 33 Sec. 19. PAYMENT OF COSTS – STUDY. The legislative 11 34 council is requested to establish a legislative study 11 35 committee during the 2003 interim to review the allocation of 12 1 costs incurred for treating persons with a mental disorder 12 2 under chapter 812. The study committee shall review the 12 3 potential costs by the state and the political subdivisions of 12 4 the state, and the allocation of such costs. In addition to 12 5 two legislator members appointed by the legislative council, 12 6 membership on the committee shall include representatives of 12 7 the following: the department of corrections, the department 12 8 of human services, the Iowa county attorneys association, and 12 9 the Iowa state association of county supervisors. The 12 10 committee shall file a report with the general assembly by 12 11 December 15, 2003, which shall include the findings and 12 12 recommendations of the committee. 12 13 EXPLANATION 12 14 This bill relates to detaining criminal defendants who are 12 15 mentally incompetent or who are dangerous to others or 12 16 property. 12 17 CONFINEMENT OF DANGEROUS PERSONS. The bill moves Code 12 18 sections 812.1 and 812.2 relating to the confinement of 12 19 dangerous persons to Code chapter 811, and makes some related 12 20 changes. Current law and the bill provide that a person who 12 21 is awaiting sentencing and who is suspected of being a danger 12 22 to another person or property may be denied bail. The county 12 23 attorney may file a verified ex parte motion requesting a 12 24 detention hearing and asking the court for the immediate 12 25 arrest of the defendant, if the person is not already in 12 26 custody. The bill provides that the detention hearing must be 12 27 brought before the judge within 72 hours of the defendant's 12 28 arrest, or if the defendant is in custody, within 72 hours of 12 29 the filing of the motion. If the court finds by clear and 12 30 convincing evidence that the person is a danger to another 12 31 person or property, the person shall be denied bail. 12 32 MENTAL INCOMPETENCY – SUSPENSION OF CRIMINAL PROCEEDINGS. 12 33 The bill amends Code chapter 812 relating to detaining a 12 34 criminal defendant who is mentally incompetent to stand trial. 12 35 The bill and current law generally provide that at any stage 13 1 of a criminal proceeding, the court on its own motion, or the 13 2 prosecutor or defense attorney, may make an application to the 13 3 court stating that probable cause exists that the defendant is 13 4 suffering from a mental disorder and is not competent to stand 13 5 trial. Current law and the bill provide that upon the filing 13 6 of a motion, the court shall suspend further proceedings, the 13 7 defendant's right to a speedy indictment and speedy trial is 13 8 tolled, and a hearing must be held on the defendant's 13 9 competency to determine whether the defendant appreciates the 13 10 charge, understands the proceedings, and can effectively 13 11 assist in the defendant's defense. The court may order a 13 12 psychiatric examination of the defendant, or if a recent 13 13 examination exists, the court may use that examination in the 13 14 competency hearing. 13 15 The bill provides that a competency hearing shall be held 13 16 within 14 days of the filing of the order for a psychiatric 13 17 examination, or within five days of the filing of an 13 18 application, if a recent examination will be used in the 13 19 hearing. 13 20 COMPETENCY HEARING. The bill provides that the court shall 13 21 receive all relevant and material evidence at the competency 13 22 hearing and the court shall not be bound by the rules of 13 23 evidence. If the court finds the defendant is competent to 13 24 stand trial, the court shall reinstate the criminal 13 25 proceedings against the defendant. If the court, by a 13 26 preponderance of the evidence, finds the defendant is 13 27 suffering from a mental disorder which prevents the defendant 13 28 from appreciating the charge, understanding the proceedings, 13 29 or assisting effectively in the defense, the court shall 13 30 suspend the criminal proceedings indefinitely and order the 13 31 defendant be placed in a treatment program. 13 32 PLACEMENT AND TREATMENT. At the conclusion of the 13 33 competency hearing, under the bill, if the court finds the 13 34 defendant does not pose a danger to the public peace and 13 35 safety, is qualified for pretrial release, and is willing to 14 1 cooperate with treatment, the court shall order the person 14 2 undergo mental health treatment designed to restore the 14 3 defendant to competency. 14 4 If the court finds by clear and convincing evidence the 14 5 defendant does pose a danger to the public peace and safety, 14 6 or is not qualified for pretrial release, the court shall 14 7 commit the defendant to an appropriate treatment facility. 14 8 The bill provides that, if the defendant poses a danger to the 14 9 public peace and safety, the defendant shall be committed as a 14 10 safekeeper to the custody of the director of the department of 14 11 corrections for treatment. If the defendant does not pose a 14 12 danger to the public peace and safety but does not qualify for 14 13 pretrial release, the defendant shall be placed in a facility 14 14 operated by the department of human services for treatment. 14 15 The bill provides that if the defendant refuses 14 16 chemotherapy or other somatic treatments during treatment 14 17 ordered pursuant to the bill, the director of the facility 14 18 treating the defendant may request an order from the court 14 19 authorizing such treatment methods. 14 20 RESTORATION OF COMPETENCY. After being ordered to undergo 14 21 treatment pursuant to the bill, the psychiatrist or 14 22 psychologist providing outpatient treatment or the director of 14 23 the facility providing inpatient treatment shall provide a 14 24 status report to the court within the first 30 days of 14 25 treatment, and every 60 days thereafter. 14 26 The bill provides that after placement, if the treating 14 27 psychiatrist or psychologist finds there is a substantial 14 28 probability the defendant has acquired the ability to 14 29 appreciate the charge, understand the proceedings, and 14 30 effectively assist in the defendant's defense, the 14 31 psychiatrist or psychologist, or the director of the facility 14 32 treating the defendant, shall notify the court, and a hearing 14 33 shall be set on the defendant's competency within 14 days of 14 34 being notified. If there is a substantial probability the 14 35 competency of the defendant will not be restored, a hearing 15 1 shall also be held within 14 days of the court being notified. 15 2 The bill provides that if the treating psychiatrist or 15 3 psychologist finds the defendant would benefit from either a 15 4 more restrictive or less restrictive placement for treatment, 15 5 the psychiatrist or psychologist shall notify the court and a 15 6 hearing shall be set on the matter by the court within 14 days 15 7 of being notified. 15 8 RESTORATION OF COMPETENCY HEARING. Fourteen days after 15 9 receiving a notice that there is a substantial probability 15 10 that the competency of the defendant has been restored, the 15 11 burden of proof shall be on the state to prove by a 15 12 preponderance of the evidence that the defendant's competency 15 13 has been restored. Under the bill, if the court finds the 15 14 defendant's competency has been restored, the court shall 15 15 terminate the placement pursuant to the bill and restore the 15 16 criminal proceedings against the defendant. The bill provides 15 17 that if the state has not proven by a preponderance of the 15 18 evidence that the defendant's competency has been restored but 15 19 the court finds the defendant is making progress in regaining 15 20 competency, the court may continue the placement, or change it 15 21 to a more restrictive or less restrictive placement 15 22 environment. The bill provides that if the court finds there 15 23 is a substantial probability the defendant's competency will 15 24 not be restored in a reasonable amount of time, the court 15 25 shall terminate the placement. 15 26 LENGTH OF PLACEMENT AND OTHER PROCEEDINGS. A defendant 15 27 shall not be placed pursuant to the bill for a period greater 15 28 than the maximum term of confinement for the criminal offense 15 29 for which the defendant is accused or 18 months, whichever is 15 30 shorter. The bill provides that if the length of the 15 31 defendant's placement equals the maximum length of the term of 15 32 confinement for which the defendant is accused, the criminal 15 33 offense shall be dismissed by the court with prejudice. The 15 34 bill provides that the state shall file an application for a 15 35 hearing 30 days prior to the termination of the placement of 16 1 the defendant to determine whether the competency of the 16 2 defendant has been restored. Under the bill, if the state has 16 3 not proven by a preponderance of the evidence the defendant's 16 4 mental competency has been restored, the court shall terminate 16 5 the placement of the defendant. If the state has proven the 16 6 competency of the defendant has been restored, the court shall 16 7 reinstate the criminal proceedings against the defendant. 16 8 The bill provides that if placement is terminated, the 16 9 state may commence civil commitment proceedings under chapter 16 10 229 or 229A. After termination of the placement, if the 16 11 criminal proceedings have not been dismissed with prejudice or 16 12 the statute of limitations has not run, the state may seek to 16 13 file an application seeking to reinstate the criminal 16 14 proceedings if it appears the competency of the defendant has 16 15 been restored. 16 16 PAYMENT OF COSTS AND STUDY. The payment of costs for 16 17 persons placed pursuant to the bill shall be as currently 16 18 provided in Code chapter 812. The bill requests the 16 19 legislative council to establish a study committee during the 16 20 2003 interim to review the allocation of costs incurred for 16 21 treating persons with a mental disorder under Code chapter 16 22 812. In addition to two legislator members appointed by the 16 23 council, membership on the study committee shall include 16 24 representatives of the following: the department of 16 25 corrections, the department of human services, the Iowa county 16 26 attorneys association, and the Iowa state association of 16 27 county supervisors. The committee shall file a report with 16 28 the general assembly by December 15, 2003, which shall include 16 29 the findings and recommendations of the committee. 16 30 LSB 1361HC 80 16 31 jm/cl/14
Text: HSB00161 Text: HSB00163 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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