HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON)

A BILL FOR

An Act relating to mental health and substance abuse histories conducted in a presentence investigation report and the standards for release on probation in a criminal proceeding.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 901.3, subsection 1, Code 2011, is amended to read as follows:
   1.  The defendant’s characteristics, family and financial circumstances, needs, and potentialities, including the presence of any previously diagnosed mental disorder.
   Sec. 2.  Section 901.3, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  2A.  The defendant’s mental health history and treatment options available in the defendant’s community and the correctional system.
   NEW SUBSECTION.  2B.  The defendant’s substance abuse history and treatment options available in the defendant’s community and the correctional system.
   Sec. 3.  Section 907.5, Code 2011, is amended to read as follows:
   907.5  Standards for release on probation —— written reasons.
   Before deferring judgment, deferring sentence, or suspending sentence, the court first shall determine which option, if available, will provide maximum opportunity for the rehabilitation of the defendant and protection of the community from further offenses by the defendant and others. In making this determination, the court shall consider the age of the defendant; the defendant’s prior record of convictions and prior record of deferments of judgment if any; the defendant’s employment circumstances; the defendant’s family circumstances; the defendant’s mental health and substance abuse history and treatment options available in the community and the correctional system; the nature of the offense committed; and such other factors as are appropriate. The court shall file a specific written statement of its reasons for and the facts supporting its decision to defer judgment, to defer sentence, or to suspend sentence, and its decision on the length of probation.
EXPLANATION
   This bill relates to mental health and substance abuse histories conducted in a presentence investigation report and the standards for release on probation in a criminal proceeding.
   The bill provides that the judicial district department of correctional services conducting a presentence investigation shall include in the report the defendant’s mental health and substance abuse history and the treatment options available to the defendant in the community and the correctional system.
   The bill also requires the court prior to deferring judgment, deferring sentence, or suspending sentence, to consider the mental health or substance abuse history of a defendant and the treatment options available to the defendant in the community and the correctional system.
   A presentence investigation report details the background of a defendant and is reviewed by the court prior to sentencing a criminal defendant.