Senate
File
2055
S-5138
Amend
Senate
File
2055
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
SUPREME
COURT
——
RULES
OF
CRIMINAL
PROCEDURE
4
REVISIONS.
5
1.
Iowa
rule
of
criminal
procedure
2.22(8)(e)
shall
be
6
amended
to
add
subparagraph
(4),
to
provide:
7
(4)
Absence
of
recent
overt
acts
of
dangerousness
shall
not
8
be
the
sole
determining
factor
in
assessing
whether
a
defendant
9
poses
a
risk
to
themselves
or
others,
particularly
when
such
10
absence
may
be
attributable
to
the
constraints
of
a
highly
11
structured
environment.
When
determining
whether
a
defendant
12
is
currently
dangerous
to
themselves
or
others
under
this
rule,
13
the
court
shall
consider
a
variety
of
factors,
including
but
14
not
limited
to:
15
(a)
Original
offense.
The
nature
and
circumstances
of
the
16
original
charge
or
offense
leading
to
the
defendant’s
insanity
17
acquittal.
18
(b)
Behavioral
history.
The
defendant’s
past
conduct,
19
including
prior
violent
or
dangerous
acts,
irrespective
of
the
20
presence
or
absence
of
recent
overt
acts.
21
(c)
Psychiatric
history
and
current
mental
status.
22
The
defendant’s
current
psychiatric
condition,
history
of
23
treatment,
adherence
to
treatment,
and
responsiveness
to
24
interventions.
25
(d)
Substance
use
disorder
history.
The
defendant’s
26
history
of
substance
use
and
its
impact
on
their
behavior,
27
including
prior
diagnoses
of
substance
use
disorder,
the
28
relationship
between
substance
use
and
prior
violent
or
29
dangerous
conduct,
the
likelihood
of
relapse
and
its
potential
30
to
increase
dangerousness,
and
the
defendant’s
access
to
and
31
willingness
to
engage
in
substance
use
treatment
programs
to
32
maintain
safety.
33
(e)
Institutional
behavior
and
independent
functioning.
34
The
defendant’s
ability
and
willingness
to
engage
in
social,
35
-1-
SF
2055.3702
(2)
91
(amending
this
SF
2055
to
CONFORM
to
HF
2571)
as/js
1/
2
#1.
recreational,
educational,
occupational,
or
vocational
1
activities;
maintain
self-care;
demonstrate
stability,
2
adaptability,
and
reduced
risk
of
dangerousness
in
less
3
structured
environments;
seek
and
utilize
support
systems;
4
and
comply
with
rules
and
interact
appropriately
within
a
5
structured
environment,
including
any
incidents
indicating
6
underlying
dangerousness.
7
(f)
Environmental
influence.
The
extent
to
which
a
highly
8
structured
setting,
such
as
a
hospital
or
secured
facility,
9
may
suppress
behaviors
that
are
likely
to
manifest
in
less
10
controlled
or
structured
conditions.
11
(g)
Expert
testimony
and
risk
assessment
reports.
12
Evaluations
and
risk
assessments
provided
by
qualified
mental
13
health
professionals
regarding
the
defendant’s
potential
14
danger
to
themself
or
others.
This
includes
consideration
of
15
validated
risk
assessment
tools
and
methodologies,
including
16
any
limitations
in
assessing
an
individual
confined
to
a
17
structured
setting.
18
2.
The
revised
rules
of
criminal
procedure
shall
be
19
submitted
for
legislative
council
review
no
later
than
October
20
14,
2026.
>
21
______________________________
SCOTT
WEBSTER
-2-
SF
2055.3702
(2)
91
(amending
this
SF
2055
to
CONFORM
to
HF
2571)
as/js
2/
2