§ 812.3

812.3 Mental incompetency of accused. 1. If at any stage of a criminal proceeding the defendant or the defendant’s attorney, upon application to the court, alleges specific facts showing that the defendant is suffering from amental disorder which prevents the defendant from appreciating the charge, understandingthe proceedings, or assisting effectively in the defense, the court shall suspend furtherproceedings and determine if probable cause exists to sustain the allegations. The applicanthas the burden of establishing probable cause. The court may on its own motion schedulea hearing to determine probable cause if the defendant or defendant’s attorney has failedor refused to make an application under this section and the court finds that there arespecific facts showing that a hearing should be held on that question. The defendant shallnot be compelled to testify at the hearing and any testimony of the defendant given duringthe hearing shall not be admissible on the issue of guilt, except such testimony shall beadmissible in proceedings under section 811.2, subsection 8, and section 811.8, and inperjury proceedings. 2.

gthe hearing shall not be admissible on the issue of guilt, except such testimony shall beadmissible in proceedings under section 811.2, subsection 8, and section 811.8, and inperjury proceedings. 2. Upon a finding of probable cause sustaining the allegations, the court shall suspend further criminal proceedings and order the defendant to undergo a psychiatric evaluation todetermine whether the defendant is suffering a mental disorder which prevents the defendantfrom appreciating the charge, understanding the proceedings, or assisting effectively in thedefense. The order shall also authorize the evaluator to provide treatment necessary andappropriate to facilitate the evaluation. If an evaluation has been conducted within thirtydays of the probable cause finding, the court is not required to order a new evaluation andmay use the recent evaluation during a hearing under this chapter. Any party is entitled to aseparate psychiatric evaluation by a psychiatrist or licensed, doctorate-level psychologist oftheir own choosing. [C51, §3260, 3261; R60, §5015, 5016; C73, §4620, 4621; C97, §5540; C24, 27, 31, 35, 39, §13905; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §783.1; C79, 81, §812.3]

el psychologist oftheir own choosing. [C51, §3260, 3261; R60, §5015, 5016; C73, §4620, 4621; C97, §5540; C24, 27, 31, 35, 39, §13905; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §783.1; C79, 81, §812.3] 2004 Acts, ch 1084, §5Referred to in §812.5, 812.8 Sat Dec 23 12:34:46 2023 Iowa Code 2024, Section 812.3 (15, 0)