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Bill > HF2248
IA HF2248
IA HF2248A bill for an act relating to the confinement of persons found incompetent to stand trial.
summary
Introduced
01/30/2026
01/30/2026
In Committee
01/30/2026
01/30/2026
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill relates to the confinement of persons found incompetent to stand trial. The bill provides that a defendant who poses a danger to the public peace or safety and whose competency the court finds, by a preponderance of the evidence, is unlikely to be restored due to a cognitive or neurophysiological disability shall be committed as a safekeeper to the department of corrections at the Iowa medical and classification center, or other appropriate treatment facility as designated by the director. A rebuttable presumption exists that the commitment shall continue. The defendant is required to have an annual threat assessment conducted by a qualified expert or professional. The bill requires the treatment facility to prepare an annual report and provide the report to the court, which shall conduct an annual review, and, if warranted, set a hearing on the status of the defendant. The bill provides that the defendant remain in placement no longer than the maximum term of confinement for the criminal offense of which the defendant is accused. When the defendant’s placement equals the length of the maximum term of confinement, the complaint for the criminal offense of which the defendant is accused shall be dismissed with prejudice.
AI Summary
This bill modifies existing law concerning individuals found incompetent to stand trial, meaning they are unable to understand the legal proceedings against them. Specifically, it establishes a new process for defendants who pose a danger to public safety and are unlikely to regain competency due to a cognitive or neurophysiological disability, which refers to impairments in brain function or structure. If a court determines, by a preponderance of the evidence (meaning it's more likely than not), that these conditions apply, the defendant will be committed as a "safekeeper" to the Iowa medical and classification center or another designated treatment facility. This commitment is presumed to continue unless evidence warrants a hearing to re-evaluate the danger posed. The bill mandates annual threat assessments by qualified professionals and requires treatment facilities to submit annual reports to the court, which will conduct yearly reviews and hold hearings if necessary. Importantly, a defendant's confinement under this provision cannot exceed the maximum sentence for the crime they are accused of, and once that maximum term is reached, the criminal charges will be permanently dismissed.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced, referred to Public Safety. H.J. 189. (on 01/30/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF2248 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF2248.html |
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