Read the full stored bill text
Senate
File
2055
-
Introduced
SENATE
FILE
2055
BY
SINCLAIR
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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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
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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
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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
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