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