Read the full stored bill text
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
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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
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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
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