House Study Bill 7 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON) A BILL FOR An Act relating to mental health and substance abuse histories 1 conducted in a presentence investigation report and the 2 standards for release on probation in a criminal proceeding. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1046HC (2) 84 jm/nh

H.F. _____ Section 1. Section 901.3, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. The defendant’s characteristics, family and financial 3 circumstances, needs, and potentialities , including the 4 presence of any previously diagnosed mental disorder . 5 Sec. 2. Section 901.3, Code 2011, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 2A. The defendant’s mental health history 8 and treatment options available in the defendant’s community 9 and the correctional system. 10 NEW SUBSECTION . 2B. The defendant’s substance abuse 11 history and treatment options available in the defendant’s 12 community and the correctional system. 13 Sec. 3. Section 907.5, Code 2011, is amended to read as 14 follows: 15 907.5 Standards for release on probation —— written reasons. 16 Before deferring judgment, deferring sentence, or suspending 17 sentence, the court first shall determine which option, 18 if available, will provide maximum opportunity for the 19 rehabilitation of the defendant and protection of the community 20 from further offenses by the defendant and others. In making 21 this determination , the court shall consider the age of the 22 defendant; the defendant’s prior record of convictions and 23 prior record of deferments of judgment if any; the defendant’s 24 employment circumstances; the defendant’s family circumstances; 25 the defendant’s mental health and substance abuse history 26 and treatment options available in the community and the 27 correctional system; the nature of the offense committed; and 28 such other factors as are appropriate. The court shall file 29 a specific written statement of its reasons for and the facts 30 supporting its decision to defer judgment, to defer sentence, 31 or to suspend sentence, and its decision on the length of 32 probation. 33 EXPLANATION 34 This bill relates to mental health and substance abuse 35 -1- LSB 1046HC (2) 84 jm/nh 1/ 2

H.F. _____ histories conducted in a presentence investigation report 1 and the standards for release on probation in a criminal 2 proceeding. 3 The bill provides that the judicial district department of 4 correctional services conducting a presentence investigation 5 shall include in the report the defendant’s mental health and 6 substance abuse history and the treatment options available to 7 the defendant in the community and the correctional system. 8 The bill also requires the court prior to deferring 9 judgment, deferring sentence, or suspending sentence, to 10 consider the mental health or substance abuse history of a 11 defendant and the treatment options available to the defendant 12 in the community and the correctional system. 13 A presentence investigation report details the background of 14 a defendant and is reviewed by the court prior to sentencing a 15 criminal defendant. 16 -2- LSB 1046HC (2) 84 jm/nh 2/ 2