House File 2248 - Introduced HOUSE FILE 2248 BY RINKER A BILL FOR An Act relating to the confinement of persons found incompetent 1 to stand trial. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5948YH (2) 91 as/js

H.F. 2248 Section 1. Section 812.6, subsection 2, unnumbered 1 paragraph 1, Code 2026, is amended to read as follows: 2 If the court finds by clear and convincing evidence that the 3 defendant poses a danger to the public peace or safety, or that 4 the defendant is otherwise not qualified for pretrial release, 5 or the defendant refuses to cooperate with treatment, the 6 court shall commit the defendant to an appropriate inpatient 7 treatment facility as provided in paragraph “a” , or “b” , or “c” . 8 The defendant shall receive mental health treatment designed to 9 restore the defendant to competency. 10 Sec. 2. Section 812.6, subsection 2, Code 2026, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . c. (1) A defendant who poses a danger 13 to the public peace or safety and whose competency the court 14 finds, by a preponderance of the evidence, is unlikely to be 15 restored due to a cognitive or neurophysiological disability 16 shall be committed as a safekeeper to the department of 17 corrections at the Iowa medical and classification center, 18 or other appropriate treatment facility as designated by the 19 director. Upon such commitment, a rebuttable presumption 20 exists that the commitment shall continue. The presumption may 21 be rebutted when facts exist to warrant a hearing to determine 22 whether the defendant continues to pose a danger to the public 23 peace or safety. The defendant shall have an annual threat 24 assessment conducted by a qualified expert or professional. 25 Such expert or professional shall be given access to all 26 records concerning the defendant. 27 (2) An annual report shall be prepared by the treatment 28 facility and provided to the court that ordered the commitment. 29 The court shall conduct an annual review and, if warranted, set 30 a hearing on the status of the defendant. 31 (3) The defendant shall remain in placement no longer than 32 the maximum term of confinement for the criminal offense of 33 which the defendant is accused. When the defendant’s placement 34 equals the length of the maximum term of confinement, the 35 -1- LSB 5948YH (2) 91 as/js 1/ 2

H.F. 2248 complaint for the criminal offense of which the defendant is 1 accused shall be dismissed with prejudice. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to the confinement of persons found 6 incompetent to stand trial. 7 The bill provides that a defendant who poses a danger to the 8 public peace or safety and whose competency the court finds, 9 by a preponderance of the evidence, is unlikely to be restored 10 due to a cognitive or neurophysiological disability shall be 11 committed as a safekeeper to the department of corrections 12 at the Iowa medical and classification center, or other 13 appropriate treatment facility as designated by the director. 14 A rebuttable presumption exists that the commitment shall 15 continue. The defendant is required to have an annual threat 16 assessment conducted by a qualified expert or professional. 17 The bill requires the treatment facility to prepare an 18 annual report and provide the report to the court, which shall 19 conduct an annual review, and, if warranted, set a hearing on 20 the status of the defendant. 21 The bill provides that the defendant remain in placement 22 no longer than the maximum term of confinement for the 23 criminal offense of which the defendant is accused. When the 24 defendant’s placement equals the length of the maximum term of 25 confinement, the complaint for the criminal offense of which 26 the defendant is accused shall be dismissed with prejudice. 27 -2- LSB 5948YH (2) 91 as/js 2/ 2