§ 812.8

812.8 Restoration of mental competency. 1. At any time, upon a finding by a psychiatrist or licensed doctorate-level psychologist that there is a substantial probability that the defendant has acquired the ability to appreciatethe charge, understand the proceedings, and effectively assist in the defendant’s defense,the psychiatrist or licensed doctorate-level psychologist evaluating the progress of thedefendant’s outpatient treatment or the director of the inpatient facility shall immediatelynotify the court. After receiving notice the court shall proceed as provided in subsection 4. 2. At any time, a treating psychiatrist or licensed doctorate-level psychologist may notify the court that the defendant receiving outpatient treatment will require inpatient services tocontinue benefiting from treatment or that it is appropriate for a defendant receiving inpatienttreatment services to receive outpatient treatment services. Upon receiving notification, thecourt shall proceed as provided under subsection 4. 3. At any time upon a finding by an evaluating psychiatrist or licensed doctorate-level psychologist that there is no substantial probability that the defendant will be restored

d under subsection 4. 3. At any time upon a finding by an evaluating psychiatrist or licensed doctorate-level psychologist that there is no substantial probability that the defendant will be restored tocompetency in a reasonable amount of time, the psychiatrist or licensed doctorate-levelpsychologist evaluating the defendant’s outpatient treatment or the director of the inpatientfacility shall immediately notify the court. Upon receiving notification, the court shall proceed as provided under subsection 4. 4. Upon receiving a notification under this section, the court shall schedule a hearing to be held within fourteen days. The court shall also issue an order to transport the defendantto the hearing if the defendant is in custody or is being held in an inpatient facility. Thedefendant shall be transported by the sheriff of the county where the court’s motion or theapplication pursuant to section 812.3 was filed. 5. If the court finds by a preponderance of the evidence that the defendant’s competency has been restored, the court shall terminate the placement pursuant to section 812.6, andreinstate the criminal proceedings against the defendant, and may order continued treatmentto

ant’s competency has been restored, the court shall terminate the placement pursuant to section 812.6, andreinstate the criminal proceedings against the defendant, and may order continued treatmentto maintain the competency of the defendant. 6. If the court finds by a preponderance of the evidence that the defendant remains incompetent to stand trial but is making progress in regaining competency, the court shallcontinue the placement ordered pursuant to section 812.6. 7. The court may change the placement of a defendant and the placement may be more restrictive if necessary for the continued progress of the defendant’s treatment as shown byclear and convincing evidence. 8. If the court finds by a preponderance of the evidence that there is no substantial probability the defendant’s competency will be restored in a reasonable amount of time, thecourt shall terminate the commitment under section 812.6 in accordance with the provisionsof section 812.9. 2004 Acts, ch 1084, §10; 2023 Acts, ch 140, §13Referred to in §812.9Subsections 1 and 3 amended Sat Dec 23 12:34:49 2023 Iowa Code 2024, Section 812.8 (16, 1)