Senate File 2137

                                       SENATE FILE       
                                       BY  KREIMAN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to treatment of a criminal defendant for a mental
  2    disorder after conviction or at any stage of a criminal
  3    proceeding.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5829XS 80
  6 jm/gg/14

PAG LIN

  1  1    Section 1.  Section 812.1, Code 2003, is amended to read as
  1  2 follows:
  1  3    812.1  WHEN DETENTION TREATMENT ALLOWED.
  1  4    When a person is awaiting sentence after conviction of a
  1  5 felony or following sentence of confinement is pursuing an
  1  6 appeal in such case, and the person would be otherwise
  1  7 eligible for release under chapter 811, but it appears by
  1  8 clear and convincing evidence that if released the person is
  1  9 likely to pose a danger to another person or to the property
  1 10 of others, such person may be detained, and committed for
  1 11 treatment to the custody of the department of corrections or
  1 12 department of human services, or assigned to the judicial
  1 13 district department of correctional services for treatment,
  1 14 under the authority of this chapter.
  1 15    Sec. 2.  Section 812.2, unnumbered paragraph 1, Code 2003,
  1 16 is amended to read as follows:
  1 17    The following procedures shall apply to detention treatment
  1 18 hearings held pursuant to this chapter:
  1 19    Sec. 3.  Section 812.2, subsections 1 and 2, Code 2003, are
  1 20 amended to read as follows:
  1 21    1.  The prosecuting attorney may initiate a detention
  1 22 treatment hearing by ex parte written motion.  Upon such
  1 23 motion, the district court may issue a warrant for the arrest
  1 24 of the person, if the person is not in custody.
  1 25    2.  The detention treatment hearing shall be held
  1 26 immediately upon the person being brought before the district
  1 27 court for such hearing unless the person or the prosecuting
  1 28 attorney moves for a continuance.  A continuance granted on
  1 29 motion of the person shall not exceed three calendar days.  A
  1 30 continuance on motion of the prosecuting attorney shall be
  1 31 granted only upon good cause shown and shall not exceed three
  1 32 calendar days.  The person may be detained pending the
  1 33 hearing.
  1 34    Sec. 4.  Section 812.2, subsections 7 and 8, Code 2003, are
  1 35 amended to read as follows:
  2  1    7.  Appeals from orders of detention a treatment order
  2  2 pursuant to this section may be taken in the manner provided
  2  3 under section 811.2, subsection 7.
  2  4    8.  If the trial court issues an a treatment order of
  2  5 detention, it shall be accompanied by a written finding of
  2  6 fact and the reasons for the detention treatment order.
  2  7    Sec. 5.  Section 812.4, Code 2003, is amended to read as
  2  8 follows:
  2  9    812.4  CESSATION OF CRIMINAL PROSECUTION.
  2 10    If, upon hearing conducted by the court, the accused is
  2 11 found to be incapacitated in the manner described in section
  2 12 812.3, no further proceedings shall be taken under the
  2 13 complaint or indictment until the accused's capacity is
  2 14 restored, and, if the accused's release will endanger the
  2 15 public peace or safety, the court must, except as otherwise
  2 16 provided, order the accused committed for treatment to the
  2 17 custody of the department of human services or to the custody
  2 18 of the department of corrections for placement at the Iowa
  2 19 medical and classification center, or the court may also
  2 20 assign the accused to the judicial district department of
  2 21 correctional services for treatment.
  2 22    Sec. 6.  Section 812.5, Code 2003, is amended to read as
  2 23 follows:
  2 24    812.5  EFFECT OF RESTORATION OF MENTAL CAPACITY.
  2 25    If the accused is committed to the department of human
  2 26 services or to the department of corrections for placement at
  2 27 the Iowa medical and classification center, or assigned to the
  2 28 judicial district department of correctional services under
  2 29 section 812.4, after the expiration of a period not to exceed
  2 30 six months, the court shall upon hearing review the
  2 31 confinement matter and determine whether there is a
  2 32 substantial probability the accused will regain capacity
  2 33 within a reasonable time.  If not, the state shall may be
  2 34 directed to institute civil commitment proceedings.  When it
  2 35 thereafter appears that the accused can effectively assist in
  3  1 the accused's defense, the appropriate department shall give
  3  2 notice to the sheriff and county attorney of the proper county
  3  3 of such fact, and the sheriff, without delay, shall receive
  3  4 and hold the accused in custody if the accused is in custody
  3  5 under section 812.4, until the accused is brought to trial or
  3  6 judgment, as the case may be, or is legally discharged, the
  3  7 expense for conveying and returning the accused, or any other,
  3  8 to be paid in the first instance by the county from which the
  3  9 accused is sent, but such county may recover the same from
  3 10 another county or municipal body required to provide for or
  3 11 maintain the accused elsewhere, and the sheriff shall be
  3 12 allowed for the sheriff's services the same fees as are
  3 13 allowed for conveying persons to institutions under section
  3 14 331.655.
  3 15                           EXPLANATION
  3 16    This bill relates to the treatment of a criminal defendant
  3 17 after conviction or at any stage of a criminal proceeding.
  3 18    The bill provides that a defendant may be assigned to the
  3 19 judicial district department of correctional services for
  3 20 treatment if the defendant is found by clear and convincing
  3 21 evidence to pose a danger to others or to property of others,
  3 22 or is suffering from a mental disorder.  Current law provides
  3 23 that if a defendant is found by clear and convincing evidence
  3 24 to be a danger to others or to property of others, or to be
  3 25 suffering from a mental disorder, the defendant must be
  3 26 committed for treatment to the custody of the department of
  3 27 corrections or the department of human services.
  3 28 LSB 5829XS 80
  3 29 jm/gg/14