812.4  Cessation of criminal prosecution.

If, upon hearing conducted by the court, the accused is found to be incapacitated in the manner described in section 812.3, no further proceedings shall be taken under the complaint or indictment until the accused's capacity is restored, and, if the accused's release will endanger the public peace or safety, the court must order the accused committed for treatment to the custody of the department of human services or to the custody of the department of corrections for placement at the Iowa medical and classification center.

Section History: Early form

  [C51, § 3262, 3263; R60, § 5018, 5019; C73, § 4623, 4624; C97, § 5542; C24, 27, 31, 35, 39, § 13907; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 783.3; C79, 81, § 812.4]

Section History: Recent form

  83 Acts, ch 96, § 157, 159; 94 Acts, ch 1079, §1; 97 Acts, ch 64, § 1

Internal References

  Referred to in § 812.5, 904.201


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