House
File
2571
-
Reprinted
HOUSE
FILE
2571
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
632)
(As
Amended
and
Passed
by
the
House
March
24,
2026
)
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
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2571
Section
1.
SUPREME
COURT
——
RULES
OF
CRIMINAL
PROCEDURE
1
REVISIONS.
2
1.
Iowa
rule
of
criminal
procedure
2.22(8)(e)
shall
be
3
amended
to
add
subparagraph
(4),
to
provide:
4
(4)
Absence
of
recent
overt
acts
of
dangerousness
shall
not
5
be
the
sole
determining
factor
in
assessing
whether
a
defendant
6
poses
a
risk
to
themselves
or
others,
particularly
when
such
7
absence
may
be
attributable
to
the
constraints
of
a
highly
8
structured
environment.
When
determining
whether
a
defendant
9
is
currently
dangerous
to
themselves
or
others
under
this
rule,
10
the
court
shall
consider
a
variety
of
factors,
including
but
11
not
limited
to:
12
(a)
Original
offense.
The
nature
and
circumstances
of
the
13
original
charge
or
offense
leading
to
the
defendant’s
insanity
14
acquittal.
15
(b)
Behavioral
history.
The
defendant’s
past
conduct,
16
including
prior
violent
or
dangerous
acts,
irrespective
of
the
17
presence
or
absence
of
recent
overt
acts.
18
(c)
Psychiatric
history
and
current
mental
status.
19
The
defendant’s
current
psychiatric
condition,
history
of
20
treatment,
adherence
to
treatment,
and
responsiveness
to
21
interventions.
22
(d)
Substance
use
disorder
history.
The
defendant’s
23
history
of
substance
use
and
its
impact
on
their
behavior,
24
including
prior
diagnoses
of
substance
use
disorder,
the
25
relationship
between
substance
use
and
prior
violent
or
26
dangerous
conduct,
the
likelihood
of
relapse
and
its
potential
27
to
increase
dangerousness,
and
the
defendant’s
access
to
and
28
willingness
to
engage
in
substance
use
treatment
programs
to
29
maintain
safety.
30
(e)
Institutional
behavior
and
independent
functioning.
31
The
defendant’s
ability
and
willingness
to
engage
in
social,
32
recreational,
educational,
occupational,
or
vocational
33
activities;
maintain
self-care;
demonstrate
stability,
34
adaptability,
and
reduced
risk
of
dangerousness
in
less
35
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H.F.
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structured
environments;
seek
and
utilize
support
systems;
1
and
comply
with
rules
and
interact
appropriately
within
a
2
structured
environment,
including
any
incidents
indicating
3
underlying
dangerousness.
4
(f)
Environmental
influence.
The
extent
to
which
a
highly
5
structured
setting,
such
as
a
hospital
or
secured
facility,
6
may
suppress
behaviors
that
are
likely
to
manifest
in
less
7
controlled
or
structured
conditions.
8
(g)
Expert
testimony
and
risk
assessment
reports.
9
Evaluations
and
risk
assessments
provided
by
qualified
mental
10
health
professionals
regarding
the
defendant’s
potential
11
danger
to
themself
or
others.
This
includes
consideration
of
12
validated
risk
assessment
tools
and
methodologies,
including
13
any
limitations
in
assessing
an
individual
confined
to
a
14
structured
setting.
15
2.
The
revised
rules
of
criminal
procedure
shall
be
16
submitted
for
legislative
council
review
no
later
than
October
17
14,
2026.
18
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