Text: SSB01158 Text: SSB01160 Text: SSB01100 - SSB01199 Text: SSB 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 defendant, the defense attorney, or the 3 27 prosecutor, 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 also may suspend further proceedings 3 34 on its own motion if the parties have failed or refused to 3 35 make application under this section and the court believes 4 1 that a hearing should be held on the question. The court 4 2 shall order the defendant to undergo a psychiatric evaluation 4 3 to determine whether the defendant is suffering from a mental 4 4 disorder which prevents the defendant from appreciating the 4 5 charge, understanding the proceedings, or assisting 4 6 effectively in the defense. If a recent evaluation has been 4 7 conducted, the court is not required to order a new evaluation 4 8 and may use the recent evaluation during a hearing under this 4 9 chapter. 4 10 Sec. 6. Section 812.4, Code 2003, is amended by striking 4 11 the section and inserting in lieu thereof the following: 4 12 812.4 HEARING. 4 13 1. A hearing shall be held within fourteen days of the 4 14 filing of the order for an evaluation, or within five days of 4 15 the court's motion or the filing of an application, if the 4 16 defendant has had a recent evaluation and the court intends to 4 17 rely on the evaluation in the hearing. Pending the hearing, 4 18 no further proceedings shall be taken under the complaint or 4 19 indictment and the defendant's right to a speedy indictment 4 20 and speedy trial shall be tolled until the court finds the 4 21 defendant competent to stand trial. 4 22 2. The defendant shall be entitled to representation by 4 23 counsel, including appointed counsel if indigent, and shall be 4 24 entitled to the right of cross-examination and to present 4 25 evidence. 4 26 3. Testimony of the defendant given during the hearing 4 27 shall not be admissible on the issue of guilt in any other 4 28 judicial proceeding, except that such testimony shall be 4 29 admissible in proceedings under section 811.2, subsection 8, 4 30 and section 811.8, and in perjury proceedings. 4 31 Sec. 7. Section 812.5, Code 2003, is amended by striking 4 32 the section and inserting in lieu thereof the following: 4 33 812.5 COMPETENCY HEARING – FINDINGS. 4 34 The court shall receive all relevant and material evidence 4 35 offered at the hearing and shall not be bound by the formal 5 1 rules of evidence. The evidence shall include the psychiatric 5 2 evaluation ordered under section 812.3 or any recent 5 3 evaluation of the defendant. 5 4 1. If the court finds the defendant is competent to stand 5 5 trial, the court shall reinstate the criminal proceedings 5 6 suspended under section 812.3. 5 7 2. If the court, by a preponderance of the evidence, finds 5 8 the defendant is suffering from a mental disorder which 5 9 prevents the defendant from appreciating the charge, 5 10 understanding the proceedings, or assisting effectively in the 5 11 defense, the court shall suspend the criminal proceedings 5 12 indefinitely and order the defendant to be placed in a 5 13 treatment program pursuant to section 812.6 and shall make 5 14 further findings of record as necessary under section 812.6. 5 15 Sec. 8. NEW SECTION. 812.6 PLACEMENT AND TREATMENT. 5 16 1. If the court finds the defendant does not pose a danger 5 17 to the public peace and safety, is otherwise qualified for 5 18 pretrial release, and is willing to voluntarily seek 5 19 treatment, the court shall order, as a condition of pretrial 5 20 release, that the defendant obtain a complete psychiatric 5 21 evaluation and undergo mental health treatment designed to 5 22 restore the defendant to competency. 5 23 2. If the court finds by clear and convincing evidence 5 24 that the person poses a danger to the public peace or safety, 5 25 or that the defendant is otherwise not qualified for pretrial 5 26 release, or the defendant refuses to voluntarily seek 5 27 treatment, the court shall commit the defendant to an 5 28 appropriate inpatient treatment facility as provided in 5 29 paragraphs "a" and "b". The defendant shall receive a 5 30 complete psychiatric evaluation and mental health treatment 5 31 designed to restore the defendant to competency. 5 32 a. A defendant who poses a danger to the public peace or 5 33 safety, or who is otherwise not qualified for pretrial 5 34 release, shall be committed as a safekeeper to the custody of 5 35 the director of the department of corrections for treatment. 6 1 The director of the department of corrections or the 6 2 director's designee shall place the defendant at the Iowa 6 3 medical classification center at Oakdale or other appropriate 6 4 treatment facility designed for restoring the defendant to 6 5 competency. 6 6 b. A defendant who does not pose a danger to the public 6 7 peace or safety, but is otherwise being held in custody, or 6 8 who refuses to voluntarily seek treatment, shall be committed 6 9 to the custody of the director of human services at a 6 10 department of human services facility for treatment designed 6 11 to restore the defendant to competency. 6 12 3. A defendant ordered to receive treatment under this 6 13 section may refuse chemotherapy or other somatic treatment. 6 14 However, the defendant's right to refuse chemotherapy 6 15 treatment or other somatic treatment shall not apply if in the 6 16 judgment of the director or the director's designee of the 6 17 facility where the defendant has been committed determines 6 18 such treatment is necessary to preserve the life of the 6 19 defendant or to appropriately control behavior of the 6 20 defendant which is likely to result in physical injury to the 6 21 defendant or others. If in the judgment of the director of 6 22 the facility or the director's designee where the defendant 6 23 has been committed, chemotherapy or other somatic treatments 6 24 are appropriate to restore the defendant to competency and the 6 25 defendant refuses to consent to the use of these treatment 6 26 modalities, the director of the facility or the director's 6 27 designee shall request from the district court which ordered 6 28 the commitment of the defendant an order authorizing treatment 6 29 by chemotherapy or other somatic treatments. 6 30 Sec. 9. NEW SECTION. 812.8 MENTAL STATUS REPORTS. 6 31 The psychiatrist or licensed doctorate-level psychologist 6 32 providing outpatient treatment to the defendant, or the 6 33 director of the facility where the defendant is being held and 6 34 treated pursuant to a court order, shall provide a written 6 35 status report to the court regarding the defendant's mental 7 1 disorder within thirty days of the defendant's placement 7 2 pursuant to section 812.6. The report shall also state 7 3 whether it appears that the defendant, in relation to the 7 4 defendant's mental disorder, can be restored to competency in 7 5 a reasonable amount of time. Progress reports shall be 7 6 provided to the court every sixty days or less thereafter 7 7 until the defendant's competency is restored or the placement 7 8 of the defendant is terminated. 7 9 Sec. 10. NEW SECTION. 812.9 RESTORATION OF MENTAL 7 10 COMPETENCY. 7 11 1. At any time, upon a finding by a psychiatrist or 7 12 licensed doctorate-level psychologist relating to the 7 13 defendant's mental disorder that there is a substantial 7 14 probability that the defendant has acquired the ability to 7 15 appreciate the charge, understand the proceedings, and 7 16 effectively assist in the defendant's defense, the 7 17 psychiatrist or licensed doctorate-level psychologist 7 18 providing outpatient treatment to the defendant or the 7 19 director of the inpatient facility shall immediately notify 7 20 the court. After receiving notice the court shall proceed as 7 21 provided in subsection 4. 7 22 2. At any time, a treating psychiatrist or licensed 7 23 doctorate-level psychologist may notify the court that the 7 24 defendant receiving outpatient treatment will require 7 25 inpatient services to continue benefiting from treatment or 7 26 that it is appropriate for a defendant receiving inpatient 7 27 treatment services to receive outpatient treatment services. 7 28 Upon receiving notification, the court shall proceed as 7 29 provided under subsection 4. 7 30 3. At any time upon a finding by a treating psychiatrist 7 31 or licensed doctorate-level psychologist relating to the 7 32 defendant's mental disorder that there is no substantial 7 33 probability that the defendant will be restored to competency 7 34 in a reasonable amount of time, the psychiatrist or licensed 7 35 doctorate-level psychologist providing outpatient treatment to 8 1 the defendant or the director of the inpatient facility shall 8 2 immediately notify the court. Upon receiving notification, 8 3 the court shall proceed as provided under subsection 4. 8 4 4. Upon receiving a notification under this section, the 8 5 court shall schedule a hearing within fourteen days of the 8 6 notification's filing with the court. The court shall also 8 7 issue an order to transport the defendant to the hearing if 8 8 the defendant is in custody or is being held in an inpatient 8 9 facility. The defendant shall be transported by the sheriff 8 10 of the county where the court's motion or the application 8 11 pursuant to section 812.3 was filed. 8 12 a. If the court finds by a preponderance of the evidence 8 13 that the defendant's competency has been restored, the court 8 14 shall terminate the placement pursuant to section 812.6, and 8 15 reinstate the criminal proceedings against the defendant, and 8 16 may order continued treatment to maintain the competency of 8 17 the defendant. 8 18 b. If the court finds by a preponderance of the evidence 8 19 that the defendant remains incompetent to stand trial but is 8 20 making progress in regaining competency, the court shall 8 21 continue the placement ordered pursuant to section 812.6. 8 22 c. The court may change the placement of a defendant and 8 23 the placement may be more restrictive if necessary for the 8 24 continued progress of the defendant's treatment as shown by 8 25 clear and convincing evidence. 8 26 d. If the court finds by a preponderance of the evidence 8 27 that there is no substantial probability the defendant's 8 28 competency will be restored in a reasonable amount of time, 8 29 the court shall terminate the commitment under section 812.6 8 30 in accordance with the provisions of section 812.10. 8 31 Sec. 11. NEW SECTION. 812.10 LENGTH OF PLACEMENT – 8 32 OTHER COMMITMENT PROCEEDINGS – CRIMINAL PROCEEDINGS AFTER 8 33 TERMINATION OF PLACEMENT. 8 34 1. Notwithstanding section 812.9, the defendant shall not 8 35 remain under placement pursuant to section 812.6 beyond the 9 1 expiration of the maximum term of confinement for the criminal 9 2 offense of which the defendant is accused, or eighteen months 9 3 from the date of the original adjudication of incompetence to 9 4 stand trial, including time in jail, or the time when the 9 5 court finds by a preponderance of the evidence that there is 9 6 no substantial probability that the defendant will be restored 9 7 to competency in a reasonable amount of time under section 9 8 812.9, subsection 4, paragraph "d", whichever occurs first. 9 9 When the defendant's placement in an inpatient facility equals 9 10 the length of the maximum term of confinement, the complaint 9 11 for the criminal offense of which the defendant is accused 9 12 shall be dismissed with prejudice. 9 13 2. When the defendant's commitment equals eighteen months, 9 14 the court shall schedule a hearing to determine whether the 9 15 defendant is competent to stand trial pursuant to section 9 16 812.9, subsection 4, paragraph "a". If the defendant is not 9 17 competent to stand trial after eighteen months, the court 9 18 shall terminate the placement under section 812.6 in 9 19 accordance with the provisions of subsection 1. 9 20 3. Upon the termination of the defendant's placement 9 21 pursuant to subsection 1, or pursuant to section 812.9, 9 22 subsection 4, paragraph "d", the state may commence civil 9 23 commitment proceedings or any other appropriate commitment 9 24 proceedings. 9 25 4. If upon termination of the defendant's placement 9 26 pursuant to subsection 1 or pursuant to section 812.9, 9 27 subsection 4, paragraph "d", and it appears thereafter that 9 28 the defendant has regained competency, the state may make 9 29 application to reinstate the prosecution of the defendant and 9 30 hearing shall be held on the matter in the same manner as if 9 31 the court has received notice under section 812.9, subsection 9 32 4. 9 33 Sec. 12. Section 815.7, Code 2003, is amended to read as 9 34 follows: 9 35 815.7 FEES TO ATTORNEYS. 10 1 An attorney who has not entered into a contract authorized 10 2 under section 13B.4 and who is appointed by the court to 10 3 represent any person charged with a crime in this state, 10 4 seeking postconviction relief, against whom a contempt action 10 5 is pending, appealing a criminal conviction, appealing a 10 6 denial of postconviction relief, or subject to a proceeding 10 7 under section 811.1A or chapter 229A or 812, or to serve as 10 8 counsel for any person or guardian ad litem for any child in 10 9 juvenile court, shall be entitled to reasonable compensation 10 10 and expenses. For appointments made on or after July 1, 1999, 10 11 the reasonable compensation shall be calculated on the basis 10 12 of sixty dollars per hour for class "A" felonies, fifty-five 10 13 dollars per hour for class "B" felonies, and fifty dollars per 10 14 hour for all other cases. The expenses shall include any sums 10 15 as are necessary for investigations in the interest of 10 16 justice, and the cost of obtaining the transcript of the trial 10 17 record and briefs if an appeal is filed. The attorney need 10 18 not follow the case into another county or into the appellate 10 19 court unless so directed by the court. If the attorney 10 20 follows the case into another county or into the appellate 10 21 court, the attorney shall be entitled to compensation as 10 22 provided in this section. Only one attorney fee shall be so 10 23 awarded in any one case except that in class "A" felony cases, 10 24 two may be authorized. 10 25 Sec. 13. Section 815.9, subsection 1, unnumbered paragraph 10 26 1, Code 2003, is amended to read as follows: 10 27 For purposes of this chapter,chapterchapters 13B,chapter10 28 229A,chapter232,chapter665,chapter812, 814,chapterand 10 29 822, and section 811.1A, and the rules of criminal procedure, 10 30 a person is indigent if the person is entitled to an attorney 10 31 appointed by the court as follows: 10 32 Sec. 14. Section 815.10, subsection 1, Code 2003, is 10 33 amended to read as follows: 10 34 1. The court, for cause and upon its own motion or upon 10 35 application by an indigent person or a public defender, shall 11 1 appoint the state public defender's designee pursuant to 11 2 section 13B.4, to represent an indigent person at any stage of 11 3 the criminal, postconviction, contempt, commitment under 11 4 chapter 229A, detention under section 811.1A, competency under 11 5 chapter 812, or juvenile proceedings or on appeal of any 11 6 criminal, postconviction, contempt, commitment under chapter 11 7 229A, detention under section 811.1A, competency under chapter 11 8 812, or juvenile action in which the indigent person is 11 9 entitled to legal assistance at public expense. However, in 11 10 juvenile cases, the court may directly appoint an existing 11 11 nonprofit corporation established for and engaged in the 11 12 provision of legal services for juveniles. An appointment 11 13 shall not be made unless the person is determined to be 11 14 indigent under section 815.9. Only one attorney shall be 11 15 appointed in all cases, except that in class "A" felony cases 11 16 the court may appoint two attorneys. 11 17 Sec. 15. Section 815.11, Code 2003, is amended to read as 11 18 follows: 11 19 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 11 20 Costs incurred under chapter 229A, 665, 812, or 822, or 11 21 section 232.141, subsection 3, paragraph "c", or section 11 22 811.1A, 814.9, 814.10, 814.11, 815.4, 815.5, 815.7, 815.10, or 11 23 908.11 on behalf of an indigent shall be paid from funds 11 24 appropriated by the general assembly to the office of the 11 25 state public defender in the department of inspections and 11 26 appeals for those purposes. Costs incurred under other 11 27 provisions of the Code or administrative rules are not payable 11 28 from these funds. 11 29 Sec. 16. Section 904.201, subsection 3, paragraph b, Code 11 30 2003, is amended to read as follows: 11 31 b. Persons committed by the courts as mentally incompetent 11 32 to stand trialunder section 812.4pursuant to section 812.6. 11 33 Sec. 17. Sections 812.1 and 812.2, Code 2003, are 11 34 repealed. 11 35 Sec. 18. PAYMENT OF COSTS – STUDY. The legislative 12 1 council is requested to establish a legislative study 12 2 committee during the 2003 interim to review the allocation of 12 3 costs incurred for treating persons with a mental disorder 12 4 under chapter 812. The study committee shall review the 12 5 potential costs by the state and the political subdivisions of 12 6 the state, and the allocation of such costs. In addition to 12 7 two legislator members appointed by the legislative council, 12 8 membership on the committee shall include representatives of 12 9 the following: the department of corrections, the department 12 10 of human services, the Iowa county attorneys association, and 12 11 the Iowa state association of county supervisors. The 12 12 committee shall file a report with the general assembly by 12 13 October 15, 2003, which shall include the findings and 12 14 recommendations of the committee. 12 15 EXPLANATION 12 16 This bill relates to detaining criminal defendants who are 12 17 mentally incompetent or who are dangerous to others or 12 18 property. 12 19 CONFINEMENT OF DANGEROUS PERSONS. The bill moves Code 12 20 sections 812.1 and 812.2 relating to the confinement of 12 21 dangerous persons to Code chapter 811, and makes some related 12 22 changes. Current law and the bill provide that a person who 12 23 is awaiting sentencing and who is suspected of being a danger 12 24 to another person or property may be denied bail. The county 12 25 attorney may file a verified ex parte motion requesting a 12 26 detention hearing and asking the court for the immediate 12 27 arrest of the defendant, if the person is not already in 12 28 custody. The bill provides that the detention hearing must be 12 29 brought before the judge within 72 hours of the defendant's 12 30 arrest, or if the defendant is in custody, within 72 hours of 12 31 the filing of the motion. If the court finds by clear and 12 32 convincing evidence that the person is a danger to another 12 33 person or property, the person shall be denied bail. 12 34 MENTAL INCOMPETENCY – SUSPENSION OF CRIMINAL PROCEEDINGS. 12 35 The bill amends Code chapter 812 relating to detaining a 13 1 criminal defendant who is mentally incompetent to stand trial. 13 2 The bill provides that at any stage of a criminal proceeding, 13 3 the defendant, the defense attorney, or the prosecutor may 13 4 make an application to the court stating that probable cause 13 5 exists that the defendant is suffering from a mental disorder 13 6 and is not competent to stand trial. The bill also provides 13 7 the court may make its own motion, if either party in the 13 8 criminal proceeding fails to make an application. Current law 13 9 and the bill provide that upon the filing of a motion, the 13 10 court shall suspend further proceedings, the defendant's right 13 11 to a speedy indictment and speedy trial is tolled, and a 13 12 hearing must be held on the defendant's competency to 13 13 determine whether the defendant appreciates the charge, 13 14 understands the proceedings, and can effectively assist in the 13 15 defendant's defense. The court shall order a psychiatric 13 16 evaluation of the defendant, or if a recent evaluation exists, 13 17 the court may use that evaluation in the competency hearing. 13 18 The bill provides that a competency hearing shall be held 13 19 within 14 days of the filing of the order for a psychiatric 13 20 evaluation, or within five days of the filing of an 13 21 application, if a recent evaluation will be used in the 13 22 hearing. 13 23 COMPETENCY HEARING. The bill provides that the court shall 13 24 receive all relevant and material evidence at the competency 13 25 hearing and the court shall not be bound by the rules of 13 26 evidence. If the court finds the defendant is competent to 13 27 stand trial, the court shall reinstate the criminal 13 28 proceedings against the defendant. If the court, by a 13 29 preponderance of the evidence, finds the defendant is 13 30 suffering from a mental disorder which prevents the defendant 13 31 from appreciating the charge, understanding the proceedings, 13 32 or assisting effectively in the defense, the court shall 13 33 suspend the criminal proceedings indefinitely and order the 13 34 defendant be placed in a treatment program. 13 35 PLACEMENT AND TREATMENT. At the conclusion of the 14 1 competency hearing, under the bill, if the court finds the 14 2 defendant does not pose a danger to the public peace and 14 3 safety, is qualified for pretrial release, and is willing to 14 4 voluntarily seek treatment, the court shall order the person 14 5 to undergo mental health treatment designed to restore the 14 6 defendant to competency. 14 7 If the court finds by clear and convincing evidence the 14 8 defendant does pose a danger to the public peace and safety, 14 9 or is not qualified for pretrial release, or does not 14 10 voluntarily seek treatment, the court shall commit the 14 11 defendant to an appropriate inpatient treatment facility. The 14 12 bill provides that, if the defendant poses a danger to the 14 13 public peace and safety, or is not qualified for pretrial 14 14 release, the defendant shall be committed as a safekeeper to 14 15 the custody of the director of the department of corrections 14 16 for treatment. If the defendant does not pose a danger to the 14 17 public peace and safety but is otherwise being held in 14 18 custody, the defendant shall be placed in a facility operated 14 19 by the department of human services for treatment. 14 20 The bill provides that the defendant is not required to 14 21 take chemotherapy or other somatic treatments, but if the 14 22 director believes such treatments are necessary to preserve 14 23 the defendant's life or to appropriately control behavior, the 14 24 defendant must take the treatments. The bill provides that if 14 25 the defendant refuses chemotherapy or other somatic treatments 14 26 during treatment ordered pursuant to the bill, the director of 14 27 the facility treating the defendant may request an order from 14 28 the court authorizing such treatment methods. 14 29 RESTORATION OF COMPETENCY. After being ordered to undergo 14 30 treatment pursuant to the bill, the psychiatrist or doctorate- 14 31 level psychologist providing outpatient treatment or the 14 32 director of the facility providing inpatient treatment shall 14 33 provide a status report to the court within the first 30 days 14 34 of treatment, and at least every 60 days thereafter. 14 35 The bill provides that after placement, if the treating 15 1 psychiatrist or doctorate-level psychologist finds there is a 15 2 substantial probability the defendant has acquired the ability 15 3 to appreciate the charge, understand the proceedings, and 15 4 effectively assist in the defendant's defense, the 15 5 psychiatrist or psychologist, or the director of the facility 15 6 treating the defendant, shall notify the court, and a hearing 15 7 shall be set on the defendant's competency within 14 days of 15 8 being notified. 15 9 If there is a substantial probability the competency of the 15 10 defendant will not be restored, the court shall also be 15 11 notified, and a hearing shall be held within 14 days of the 15 12 court being notified. 15 13 The bill provides that if the treating psychiatrist or 15 14 doctorate-level psychologist finds the defendant would benefit 15 15 from either a more restrictive or less restrictive placement 15 16 for treatment, the psychiatrist or doctorate-level 15 17 psychologist shall notify the court and a hearing shall be set 15 18 on the matter by the court within 14 days of being notified. 15 19 RESTORATION OF COMPETENCY HEARING. Fourteen days after 15 20 receiving a notice that there is a substantial probability 15 21 that the competency of the defendant has been restored, or 15 22 there is a substantial probability the defendant's competency 15 23 will not be restored or the appropriate level of treatment 15 24 should be modified, the court shall hold a restoration of 15 25 competency hearing. Under the bill, if the court finds the 15 26 defendant's competency has been restored, the court shall 15 27 terminate the placement pursuant to the bill and restore the 15 28 criminal proceedings against the defendant. The bill provides 15 29 that if the court finds by a preponderance of the evidence 15 30 that the defendant's competency has not been restored but the 15 31 court finds the defendant is making progress in regaining 15 32 competency, the court shall continue the placement. The bill 15 33 provides that the court may change the placement to a more 15 34 restrictive or less restrictive placement if proven by clear 15 35 and convincing evidence. The bill provides that if the court 16 1 finds there is a substantial probability the defendant's 16 2 competency will not be restored in a reasonable amount of 16 3 time, the court shall terminate the placement. 16 4 LENGTH OF PLACEMENT AND OTHER PROCEEDINGS. A defendant 16 5 shall not be placed pursuant to the bill for a period greater 16 6 than the maximum term of confinement for the criminal offense 16 7 for which the defendant is accused or 18 months, whichever is 16 8 shorter. The bill provides that if the length of the 16 9 defendant's placement equals the maximum length of the term of 16 10 confinement for which the defendant is accused, the criminal 16 11 offense shall be dismissed by the court with prejudice. The 16 12 bill provides that when the defendant's placement equals 18 16 13 months, the court shall schedule a hearing to determine 16 14 whether the competency of the defendant has been restored. 16 15 Under the bill, if the defendant's mental competency has not 16 16 been restored, the court shall terminate the placement of the 16 17 defendant. 16 18 The bill provides that if placement is terminated, the 16 19 state may commence civil commitment proceedings under chapter 16 20 229 or 229A. After termination of the placement, if the 16 21 criminal proceedings have not been dismissed with prejudice 16 22 the state may seek to file an application seeking to reinstate 16 23 the criminal proceedings if it appears the competency of the 16 24 defendant has been restored. 16 25 PAYMENT OF COSTS AND STUDY. The bill does not address the 16 26 allocation of the costs for implementation of the bill. 16 27 However, after enactment, the bill requests the legislative 16 28 council to establish a study committee during the 2003 interim 16 29 to review the allocation of costs incurred for treating 16 30 persons with a mental disorder under Code chapter 812. In 16 31 addition to two legislator members appointed by the council, 16 32 membership on the study committee shall include 16 33 representatives of the following: the department of 16 34 corrections, the department of human services, the Iowa county 16 35 attorneys association, and the Iowa state association of 17 1 county supervisors. The committee shall file a report with 17 2 the general assembly by October 15, 2003, which shall include 17 3 the findings and recommendations of the committee. 17 4 LSB 1361SC 80 17 5 jm/cl/14.2
Text: SSB01158 Text: SSB01160 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2003 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: Wed Mar 12 02:30:38 CST 2003
URL: /DOCS/GA/80GA/Legislation/SSB/01100/SSB01159/030311.html
jhf