House File 2293
HOUSE FILE
BY FOEGE and MADDOX
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act authorizing the use of public or private institutions or
2 community=based programs for treatment to restore the
3 competency of persons found to be mentally incompetent to
4 stand trial.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5896YH 80
7 jp/sh/8
PAG LIN
1 1 Section 1. Section 226.27, Code 2003, is amended to read
1 2 as follows:
1 3 226.27 PATIENT ACCUSED OR ACQUITTED OF CRIME OR AWAITING
1 4 JUDGMENT.
1 5 If a patient was committed to a state hospital or a
1 6 community=based program for evaluation or treatment under
1 7 chapter 812 or the rules of criminal procedure, further
1 8 proceedings shall be had held under chapter 812 or the
1 9 applicable rule when the evaluation has been completed or the
1 10 patient has regained mental capacity, as the case may be.
1 11 Sec. 2. Section 812.4, Code 2003, is amended to read as
1 12 follows:
1 13 812.4 CESSATION OF CRIMINAL PROSECUTION.
1 14 If, upon hearing conducted by the court, the accused is
1 15 found to be incapacitated in the manner described in section
1 16 812.3, no further proceedings shall be taken under the
1 17 complaint or indictment until the accused's capacity is
1 18 restored, and, if the accused's release will endanger the
1 19 public peace or safety, the court must order the accused
1 20 committed for treatment to the custody of the department of
1 21 human services or to the custody of the department of
1 22 corrections for placement at the Iowa medical and
1 23 classification center. A person committed for treatment
1 24 pursuant to this section shall be placed at an appropriate
1 25 public or private institution or community=based program.
1 26 Sec. 3. Section 812.5, Code 2003, is amended to read as
1 27 follows:
1 28 812.5 EFFECT OF RESTORATION OF MENTAL CAPACITY.
1 29 1. If the accused is committed to the department of human
1 30 services or to the department of corrections for placement at
1 31 the Iowa medical and classification center under section
1 32 812.4, after the expiration of a period not to exceed six
1 33 months, the court shall upon hold a hearing to review the
1 34 confinement and determine whether there is a substantial
1 35 probability the accused will regain capacity within a
2 1 reasonable time. If not, the state shall be directed to
2 2 institute civil commitment proceedings. When it thereafter At
2 3 the time it appears that the accused can effectively assist in
2 4 the accused's defense, the department shall give notice to the
2 5 sheriff and county attorney of the proper county of such that
2 6 fact, and the. The sheriff, without delay, shall receive and
2 7 hold the accused in custody until the accused is brought to
2 8 trial or judgment, as the case may be, or is legally
2 9 discharged, the.
2 10 2. The expense for conveying and returning the accused, or
2 11 any other related expense, to shall be paid in the first
2 12 instance by the county from which the accused is sent, but
2 13 such that county may recover the same expense from another
2 14 county or municipal body required to provide for or maintain
2 15 the accused elsewhere, and the. The sheriff shall be allowed
2 16 for the sheriff's services the same fees as are allowed for
2 17 conveying persons to institutions under section 331.655.
2 18 EXPLANATION
2 19 This bill authorizes the use of public or private
2 20 institutions or community=based programs for treatment ordered
2 21 under Code chapter 812 to restore the competency of persons
2 22 found to be mentally incompetent to stand trial.
2 23 Under Code chapter 812, relating to confinement of
2 24 dangerous persons and persons with mental incompetence, if an
2 25 accused individual is determined to be incompetent to stand
2 26 trial but there is a reasonable probability the accused can be
2 27 restored to competency, the court is required to order
2 28 commitment to the department of human services or the
2 29 department of corrections. The only placement option for the
2 30 department of corrections is the Iowa medical and
2 31 classification center.
2 32 The bill provides that if an accused is committed to the
2 33 department of human services or the department of corrections
2 34 under Code chapter 812, the person shall be placed in an
2 35 appropriate public or private institution or community=based
3 1 program.
3 2 LSB 5896YH 80
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