Key Information

Relevant Statutes and Rules

Iowa Code Ann. § 812.3 to § 812.9

Iowa R. Crim. P. 2.23(2)(c) [clarifies that Ch. 812 applies to sentencing proceedings]

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

I.C.A. § 812.3(2).
 

Qualifications of examiners

Psychiatrist or a licensed, doctorate-level psychologist. I.C.A. § 812.3(2)

What must the evaluation report contain

None stated.

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Outpatient if "the defendant does not pose a danger to the public peace and safety, is otherwise qualified for pretrial release, and is willing to cooperate with treatment." I.C.A. § 812.6 (1)

Inpatient "[i]f the court finds by clear and convincing evidence that the defendant poses a danger to the public peace or safety, or that the defendant is otherwise not qualified for pretrial release, or the defendant refuses to cooperate with treatment. (Department of corrections or other facility deemed appropriate by the DOC director for defendant who poses a danger or is otherwise not qualified for pretrial release. Director of Health and Human Services if defendant does not pose a danger, but is otherwise being held in custody, or who refuses to cooperate with treatment.)   I.C.A. § 812.6 (2)
 

What is the test for restorability

"substantial probability that the defendant will be restored to competency in a reasonable amount of time . . . ."

I.C.A. § 812.8(3)
 

What is the procedure after restoration

"Upon receiving a notification [of restoration to competence], the court shall schedule a hearing to be held within fourteen days. The court shall also issue an order to transport the defendant to the hearing if the defendant is in custody or is being held in an inpatient facility. The defendant shall be transported by the sheriff of the county where the court's motion or the application pursuant to section 812.3 was filed.
5. If the court finds by a preponderance of the evidence that the defendant's competency has been restored, the court shall terminate the placement pursuant to section 812.6, and reinstate the criminal proceedings against the defendant, and may order continued treatment to maintain the competency of the defendant."

I.C.A. § 812.8(4), (5)

What is the procedure if there is a finding of unrestorability

Court shall terminate the commitment and "the state may commence civil commitment proceedings or any other appropriate commitment proceedings."

I.C.A. § 812.8(8), 812.9 (3)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

Maximum sentence: case dismissed with prejudice and "state may commence civil commitment proceedings or any other appropriate commitment proceedings." I.C.A. § 812.9(1), (3).

18 mos.: terminate competence placement and "state may commence civil commitment proceedings or any other appropriate commitment proceedings." I.C.A. § 812.9(2), (3).
 

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

maximum sentence or 18 mos. From incompetence adjudication (lesser of the two). 

I.C.A. § 812.9(1)