House Study Bill 632 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) 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 5144YC (1) 91 as/js

H.F. _____ 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)(1) to provide that, at a hearing to 4 determine whether a defendant continues to be mentally ill and 5 dangerous to the defendant’s self or others, the absence of 6 recent overt acts of dangerousness shall not, by itself, be 7 the sole determining factor in assessing whether the defendant 8 poses a risk to the defendant’s self or others, particularly 9 when such absence may be attributable to the constraints of a 10 highly structured environment. In making its determination, 11 the court shall, in addition to other evidence presented, 12 consider a variety of relevant factors, including but not 13 limited to all of the following: 14 a. Original offense. The nature and circumstances of the 15 original charge or offense leading to the defendant’s insanity 16 acquittal. 17 b. Behavioral history. The defendant’s past conduct, 18 including prior violent or dangerous acts, irrespective of the 19 presence or absence of recent overt acts. 20 c. Psychiatric history and current mental status. The 21 defendant’s current psychiatric condition, history of 22 treatment, adherence to treatment, and responsiveness to 23 interventions. 24 d. Substance use disorder history. The defendant’s 25 history of substance use and its impact on the defendant’s 26 behavior, including prior diagnoses of substance use disorder, 27 the relationship between substance use and prior violent or 28 dangerous conduct, the likelihood of relapse and its potential 29 to increase dangerousness, and the defendant’s access to and 30 willingness to engage in substance use treatment programs to 31 maintain safety. 32 e. Institutional behavior and independent functioning. 33 The defendant’s ability and willingness to engage in social, 34 recreational, educational, occupational, or vocational 35 -1- LSB 5144YC (1) 91 as/js 1/ 3

H.F. _____ activities; maintain self-care; demonstrate stability, 1 adaptability, and reduced risk of dangerousness in less 2 structured environments; seek and utilize support systems; 3 and comply with rules and interact appropriately within a 4 structured environment, including any incidents indicating 5 underlying dangerousness. 6 f. Environmental influences. The extent to which a highly 7 structured setting, such as a hospital or secured facility, 8 may suppress behaviors that are likely to manifest in less 9 controlled or structured conditions. 10 g. Expert testimony and risk assessment reports. 11 Evaluations and risk assessments provided by qualified mental 12 health professionals regarding the defendant’s potential danger 13 to themselves or others. This includes consideration of 14 validated risk assessment tools and methodologies, including 15 any limitations in assessing an individual confined to a 16 structured setting. 17 2. The revised rules of criminal procedure shall be 18 submitted for legislative council review no later than October 19 14, 2026. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the Iowa rules of criminal procedure 24 including commitment hearings following an acquittal based on 25 insanity. 26 The bill provides a list of factors a court must consider 27 in determining whether a defendant continues to be mentally 28 ill and dangerous to the defendant’s self or others. The bill 29 states that the absence of recent overt acts of dangerousness 30 shall not, by itself, be the sole determining factor in 31 assessing whether the defendant poses a risk to the defendant’s 32 self or others. The factors include the original offense, 33 behavioral history, psychiatric history and current mental 34 status, substance use disorder history, institutional behavior 35 -2- LSB 5144YC (1) 91 as/js 2/ 3

H.F. _____ and independent functioning, environmental influences, and 1 expert testimony and risk assessment reports. 2 The revised rules of criminal procedure shall be submitted 3 for legislative council review no later than October 14, 2026. 4 -3- LSB 5144YC (1) 91 as/js 3/ 3