812.5 Competency hearing — findings. The court shall receive all relevant and material evidence offered at the hearing and shall not be bound by the formal rules of evidence. The evidence shall include the psychiatricevaluation ordered under section 812.3 or conducted within thirty days of the probable causefinding. 1. If the court finds the defendant is competent to stand trial, the court shall reinstate the criminal proceedings suspended under section 812.3. 2. If the court, by a preponderance of the evidence, finds the defendant is suffering from a mental disorder which prevents the defendant from appreciating the charge, understandingthe proceedings, or assisting effectively in the defense, the court shall suspend the criminalproceedings indefinitely and order the defendant to be placed in a treatment programpursuant to section 812.6 and shall make further findings of record as necessary undersection 812.6. [C51, §3264 – 3267; R60, §5020 – 5023; C73, §4625 – 4628; C97, §5543; C24, 27, 31, 35, 39, §13908; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §783.4; C79, 81, §812.5] 83 Acts, ch 96, §157, 159; 85 Acts, ch 21, §47; 94 Acts, ch 1079, §2; 2004 Acts, ch 1084, §7 Sat Dec 23 C24, 27, 31, 35, 39, §13908; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §783.4; C79, 81, §812.5] 83 Acts, ch 96, §157, 159; 85 Acts, ch 21, §47; 94 Acts, ch 1079, §2; 2004 Acts, ch 1084, §7 Sat Dec 23 12:34:47 2023 Iowa Code 2024, Section 812.5 (15, 0)
Iowa Legal Code