This bill amends Section 812.6 of the Iowa Code to address the confinement of individuals found incompetent to stand trial. It establishes that if a court determines, by clear and convincing evidence, that a defendant poses a danger to public safety or is unqualified for pretrial release, the defendant must be committed to an appropriate inpatient treatment facility. The bill introduces a new provision that allows for the commitment of defendants who are unlikely to regain competency due to cognitive or neurophysiological disabilities, designating them as "safekeepers" at the Iowa medical and classification center or another designated facility.

Additionally, the bill creates a rebuttable presumption that the commitment will continue, which can be challenged through a hearing if evidence suggests the defendant no longer poses a danger. It mandates annual threat assessments by qualified professionals and requires treatment facilities to submit annual reports to the court for review. Importantly, the bill stipulates that a defendant cannot remain in placement longer than the maximum term of confinement for their alleged offense, and if that term is reached, the charges against them will be dismissed with prejudice.

Statutes affected:
Introduced: 812.6