812.6 Placement and treatment — payment of costs. 1. If the court finds 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, thecourt shall order, as a condition of pretrial release, that the defendant obtain mental healthtreatment designed to restore the defendant to competency. The costs of treatment pursuantto this subsection shall be paid by the mental health and disability services region for thecounty of the defendant’s residency pursuant to chapter 225C regardless of whether thedefendant meets financial eligibility requirements under section 225C.62 or 225C.66. 2. If 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, the court shall commit the defendant toan appropriate inpatient treatment facility as provided in paragraph 'a' or 'b'. The defendantshall receive mental health treatment designed to restore the defendant to competency. a. the defendant toan appropriate inpatient treatment facility as provided in paragraph 'a' or 'b'. The defendantshall receive mental health treatment designed to restore the defendant to competency. a. A defendant who poses a danger to the public peace or safety, or who is otherwise not qualified for pretrial release, shall be committed as a safekeeper to the custody of thedirector of the department of corrections at the Iowa medical and classification center, orother appropriate treatment facility as designated by the director, for treatment designed torestore the defendant to competency. The costs of the treatment pursuant to this paragraphshall be borne by the department of corrections. b. A defendant who does not pose a danger to the public peace or safety, but is otherwise being held in custody, or who refuses to cooperate with treatment, shall be committed to thecustody of the director of health and human services at a department of health and humanservices facility for treatment designed to restore the defendant to competency. The costsof the treatment pursuant to this paragraph shall be borne by the department of health andhuman services. 3. nservices facility for treatment designed to restore the defendant to competency. The costsof the treatment pursuant to this paragraph shall be borne by the department of health andhuman services. 3. A defendant ordered to obtain treatment or committed to a facility under this section may refuse treatment by chemotherapy or other somatic treatment. The defendant’s rightto refuse chemotherapy treatment or other somatic treatment shall not apply if, in thejudgment of the director or the director’s designee of the facility where the defendanthas been committed, such treatment is necessary to preserve the life of the defendantor to appropriately control behavior of the defendant which is likely to result in physicalinjury to the defendant or others. If in the judgment of the director of the facility or thedirector’s designee where the defendant has been committed, chemotherapy or othersomatic treatments are necessary and appropriate to restore the defendant to competencyand the defendant refuses to consent to the use of these treatment modalities, the directorof the facility or the director’s designee shall request from the district court which orderedthe commitment of the defendant refuses to consent to the use of these treatment modalities, the directorof the facility or the director’s designee shall request from the district court which orderedthe commitment of the defendant an order authorizing treatment by chemotherapy or othersomatic treatments. 2004 Acts, ch 1084, §8; 2004 Acts, ch 1175, §392; 2005 Acts, ch 3, §116, 118; 2014 Acts, ch 1066, §1; 2023 Acts, ch 19, §1320; 2023 Acts, ch 140, §11 Referred to in §812.5, 812.7, 812.8, 812.9, 904.201Subsection 1 amendedSubsection 2, paragraph b amended Sat Dec 23 12:34:48 2023 Iowa Code 2024, Section 812.6 (18, 1)
Iowa Legal Code