Text: SF02136 Text: SF02138 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 812.1, Code 2003, is amended to read as 1 2 follows: 1 3 812.1 WHENDETENTIONTREATMENT ALLOWED. 1 4 When a person is awaiting sentence after conviction of a 1 5 felony or following sentence of confinement is pursuing an 1 6 appeal in such case, and the person would be otherwise 1 7 eligible for release under chapter 811, but it appears by 1 8 clear and convincing evidence that if released the person is 1 9 likely to pose a danger to another person or to the property 1 10 of others, such person may be detained, and committed for 1 11 treatment to the custody of the department of corrections or 1 12 department of human services, or assigned to the judicial 1 13 district department of correctional services for treatment, 1 14 under the authority of this chapter. 1 15 Sec. 2. Section 812.2, unnumbered paragraph 1, Code 2003, 1 16 is amended to read as follows: 1 17 The following procedures shall apply todetentiontreatment 1 18 hearings held pursuant to this chapter: 1 19 Sec. 3. Section 812.2, subsections 1 and 2, Code 2003, are 1 20 amended to read as follows: 1 21 1. The prosecuting attorney may initiate adetention1 22 treatment hearing by ex parte written motion. Upon such 1 23 motion, the district court may issue a warrant for the arrest 1 24 of the person, if the person is not in custody. 1 25 2. Thedetentiontreatment hearing shall be held 1 26 immediately upon the person being brought before the district 1 27 court for such hearing unless the person or the prosecuting 1 28 attorney moves for a continuance. A continuance granted on 1 29 motion of the person shall not exceed three calendar days. A 1 30 continuance on motion of the prosecuting attorney shall be 1 31 granted only upon good cause shown and shall not exceed three 1 32 calendar days. The person may be detained pending the 1 33 hearing. 1 34 Sec. 4. Section 812.2, subsections 7 and 8, Code 2003, are 1 35 amended to read as follows: 2 1 7. Appeals fromorders of detentiona treatment order 2 2 pursuant to this section may be taken in the manner provided 2 3 under section 811.2, subsection 7. 2 4 8. If the trial court issuesana treatment orderof2 5detention, it shall be accompanied by a written finding of 2 6 fact and the reasons for thedetentiontreatment order. 2 7 Sec. 5. Section 812.4, Code 2003, is amended to read as 2 8 follows: 2 9 812.4 CESSATION OF CRIMINAL PROSECUTION. 2 10 If, upon hearing conducted by the court, the accused is 2 11 found to be incapacitated in the manner described in section 2 12 812.3, no further proceedings shall be taken under the 2 13 complaint or indictment until the accused's capacity is 2 14 restored, and, if the accused's release will endanger the 2 15 public peace or safety, the court must, except as otherwise 2 16 provided, order the accused committed for treatment to the 2 17 custody of the department of human services or to the custody 2 18 of the department of corrections for placement at the Iowa 2 19 medical and classification center, or the court may also 2 20 assign the accused to the judicial district department of 2 21 correctional services for treatment. 2 22 Sec. 6. Section 812.5, Code 2003, is amended to read as 2 23 follows: 2 24 812.5 EFFECT OF RESTORATION OF MENTAL CAPACITY. 2 25 If the accused is committed to the department of human 2 26 services or to the department of correctionsfor placement at2 27the Iowa medical and classification center, or assigned to the 2 28 judicial district department of correctional services under 2 29 section 812.4, after the expiration of a period not to exceed 2 30 six months, the court shall upon hearing review the 2 31confinementmatter and determine whether there is a 2 32 substantial probability the accused will regain capacity 2 33 within a reasonable time. If not, the stateshallmay be 2 34 directed to institute civil commitment proceedings. When it 2 35 thereafter appears that the accused can effectively assist in 3 1 the accused's defense, the appropriate department shall give 3 2 notice to the sheriff and county attorney of the proper county 3 3 of such fact, and the sheriff, without delay, shall receive 3 4 and hold the accused in custody if the accused is in custody 3 5 under section 812.4, until the accused is brought to trial or 3 6 judgment, as the case may be, or is legally discharged, the 3 7 expense for conveying and returning the accused, or any other, 3 8 to be paid in the first instance by the county from which the 3 9 accused is sent, but such county may recover the same from 3 10 another county or municipal body required to provide for or 3 11 maintain the accused elsewhere, and the sheriff shall be 3 12 allowed for the sheriff's services the same fees as are 3 13 allowed for conveying persons to institutions under section 3 14 331.655. 3 15 EXPLANATION 3 16 This bill relates to the treatment of a criminal defendant 3 17 after conviction or at any stage of a criminal proceeding. 3 18 The bill provides that a defendant may be assigned to the 3 19 judicial district department of correctional services for 3 20 treatment if the defendant is found by clear and convincing 3 21 evidence to pose a danger to others or to property of others, 3 22 or is suffering from a mental disorder. Current law provides 3 23 that if a defendant is found by clear and convincing evidence 3 24 to be a danger to others or to property of others, or to be 3 25 suffering from a mental disorder, the defendant must be 3 26 committed for treatment to the custody of the department of 3 27 corrections or the department of human services. 3 28 LSB 5829XS 80 3 29 jm/gg/14
Text: SF02136 Text: SF02138 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2004 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 Feb 27 03:30:01 CST 2004
URL: /DOCS/GA/80GA/Legislation/SF/02100/SF02137/040217.html
jhf