Senate
File
2151
-
Introduced
SENATE
FILE
2151
BY
SCHOENJAHN
A
BILL
FOR
An
Act
relating
to
mental
health
treatment
costs
of
certain
1
persons
accused
of
a
crime.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2151
Section
1.
Section
812.6,
subsection
2,
paragraphs
a
and
b,
1
Code
2014,
are
amended
to
read
as
follows:
2
a.
A
defendant
who
poses
a
danger
to
the
public
peace
or
3
safety,
or
who
is
otherwise
not
qualified
for
pretrial
release,
4
shall
be
committed
as
a
safekeeper
to
the
custody
of
the
5
director
of
the
department
of
corrections
at
the
Iowa
medical
6
and
classification
center,
or
other
appropriate
treatment
7
facility
as
designated
by
the
director,
for
treatment
designed
8
to
restore
the
defendant
to
competency.
The
costs
of
the
9
treatment
pursuant
to
this
paragraph
shall
be
borne
by
the
10
department
of
corrections.
11
b.
A
defendant
who
does
not
pose
a
danger
to
the
public
12
peace
or
safety,
but
is
otherwise
being
held
in
custody,
or
who
13
refuses
to
cooperate
with
treatment,
shall
be
committed
to
the
14
custody
of
the
director
of
human
services
at
a
department
of
15
human
services
facility
for
treatment
designed
to
restore
the
16
defendant
to
competency.
The
costs
of
the
treatment
pursuant
17
to
this
paragraph
shall
be
borne
by
the
department
of
human
18
services.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
mental
health
treatment
costs
of
23
persons
accused
of
a
crime.
24
Under
current
law,
if
the
court
finds
that
a
defendant
is
25
suffering
from
a
mental
disorder
which
prevents
the
defendant
26
from
appreciating
the
charge,
understanding
the
proceedings,
or
27
assisting
effectively
in
the
defense,
the
court
shall
suspend
28
the
criminal
proceedings
indefinitely
and
order
the
defendant
29
to
be
placed
in
a
treatment
program
pursuant
to
Code
section
30
812.6.
31
Current
law
provides
that
if
a
defendant
is
placed
in
such
32
a
treatment
program
and
the
defendant
poses
a
danger
to
the
33
public
peace
or
safety,
the
person
shall
be
committed
to
the
34
department
of
corrections
for
treatment.
The
bill
requires
the
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2151
department
of
corrections
to
pay
the
costs
for
treating
the
1
defendant
upon
commitment.
2
Current
law
also
provides
that
if
a
defendant
is
placed
in
3
such
a
treatment
program
but
does
not
pose
a
threat
to
the
4
public
safety
but
refuses
treatment,
the
defendant
shall
be
5
committed
to
the
department
of
human
services
for
treatment.
6
The
bill
requires
the
department
of
human
services
to
pay
the
7
costs
for
treating
the
defendant
upon
commitment.
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