If the accused is committed to the department of human services or to the department of corrections for placement at the Iowa medical and classification center under section 812.4, after the expiration of a period not to exceed six months, the court shall upon hearing review the confinement and determine whether there is a substantial probability the accused will regain capacity within a reasonable time. If not, the state shall be directed to institute civil commitment proceedings. When it thereafter appears that the accused can effectively assist in the accused's defense, the department shall give notice to the sheriff and county attorney of the proper county of such fact, and the sheriff, without delay, shall receive and hold the accused in custody until the accused is brought to trial or judgment, as the case may be, or is legally discharged, the expense for conveying and returning the accused, or any other, to be paid in the first instance by the county from which the accused is sent, but such county may recover the same from another county or municipal body required to provide for or maintain the accused elsewhere, and the sheriff shall be allowed for the sheriff's services the same fees as are allowed for conveying persons to institutions under section 331.655.
[C51, § 3264-3267; R60, § 5020-5023; C73, § 4625-4628; C97, § 5543; C24, 27, 31, 35, 39, § 13908; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 783.4; C79, 81, § 812.5]
83 Acts, ch 96, § 157, 159; 85 Acts, ch 21, §47; 94 Acts, ch 1079, §2
Referred to in § 229A.7, 331.653
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