House File 2571 - Introduced HOUSE FILE 2571 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 632) A BILL FOR An Act relating to the Iowa rules of criminal procedure 1 including commitment hearings following an acquittal based 2 on insanity. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5144HV (2) 91 as/js

H.F. 2571 Section 1. SUPREME COURT —— RULES OF CRIMINAL PROCEDURE 1 REVISIONS. 2 1. The supreme court shall revise Iowa rule of criminal 3 procedure 2.22(8)(e) to add subparagraph (4), which shall 4 provide: 5 (4) Absence of recent overt acts of dangerousness shall not 6 be the sole determining factor in assessing whether a defendant 7 poses a risk to themselves or others, particularly when such 8 absence may be attributable to the constraints of a highly 9 structured environment. When determining whether a defendant 10 is currently dangerous to themselves or others under this rule, 11 the court shall consider a variety of factors, including but 12 not limited to: 13 (a) Original offense. The nature and circumstances of the 14 original charge or offense leading to the defendant’s insanity 15 acquittal. 16 (b) Behavioral history. The defendant’s past conduct, 17 including prior violent or dangerous acts, irrespective of the 18 presence or absence of recent overt acts. 19 (c) Psychiatric history and current mental status. 20 The defendant’s current psychiatric condition, history of 21 treatment, adherence to treatment, and responsiveness to 22 interventions. 23 (d) Substance use disorder history. The defendant’s 24 history of substance use and its impact on their behavior, 25 including prior diagnoses of substance use disorder, the 26 relationship between substance use and prior violent or 27 dangerous conduct, the likelihood of relapse and its potential 28 to increase dangerousness, and the defendant’s access to and 29 willingness to engage in substance use treatment programs to 30 maintain safety. 31 (e) Institutional behavior and independent functioning. 32 The defendant’s ability and willingness to engage in social, 33 recreational, educational, occupational, or vocational 34 activities; maintain self-care; demonstrate stability, 35 -1- LSB 5144HV (2) 91 as/js 1/ 3

H.F. 2571 adaptability, and reduced risk of dangerousness in less 1 structured environments; seek and utilize support systems; 2 and comply with rules and interact appropriately within a 3 structured environment, including any incidents indicating 4 underlying dangerousness. 5 (f) Environmental influence. The extent to which a highly 6 structured setting, such as a hospital or secured facility, 7 may suppress behaviors that are likely to manifest in less 8 controlled or structured conditions. 9 (g) Expert testimony and risk assessment reports. 10 Evaluations and risk assessments provided by qualified mental 11 health professionals regarding the defendant’s potential 12 danger to themself or others. This includes consideration of 13 validated risk assessment tools and methodologies, including 14 any limitations in assessing an individual confined to a 15 structured setting. 16 2. The revised rules of criminal procedure shall be 17 submitted for legislative council review no later than October 18 14, 2026. 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 the Iowa rules of criminal procedure 23 including commitment hearings following an acquittal based on 24 insanity. 25 The bill provides a list of factors a court must consider 26 in determining whether a defendant continues to be mentally 27 ill and dangerous to the defendant’s self or others. The bill 28 states that the absence of recent overt acts of dangerousness 29 shall not, by itself, be the sole determining factor in 30 assessing whether the defendant poses a risk to the defendant’s 31 self or others. The factors include the original offense, 32 behavioral history, psychiatric history and current mental 33 status, substance use disorder history, institutional behavior 34 and independent functioning, environmental influences, and 35 -2- LSB 5144HV (2) 91 as/js 2/ 3

H.F. 2571 expert testimony and risk assessment reports. 1 The revised rules of criminal procedure shall be submitted 2 for legislative council review no later than October 14, 2026. 3 -3- LSB 5144HV (2) 91 as/js 3/ 3