§ 812.9

812.9 Length of placement — other commitment proceedings — criminal proceedings after termination of placement. 1. Notwithstanding section 812.8, the defendant shall not remain under placement pursuant to section 812.6 beyond the expiration of the maximum term of confinement for thecriminal offense of which the defendant is accused, or eighteen months from the date of theoriginal adjudication of incompetence to stand trial, including time in jail, or the time whenthe court finds by a preponderance of the evidence that there is no substantial probabilitythat the defendant will be restored to competency in a reasonable amount of time undersection 812.8, subsection 8, whichever occurs first. When the defendant’s placement in aninpatient facility equals the length of the maximum term of confinement, the complaint forthe criminal offense of which the defendant is accused shall be dismissed with prejudice. 2. When the defendant’s commitment equals eighteen months, the court shall schedule a hearing to determine whether the defendant is competent to stand trial pursuant to section812.8, subsection 5.

e. 2. When the defendant’s commitment equals eighteen months, the court shall schedule a hearing to determine whether the defendant is competent to stand trial pursuant to section812.8, subsection 5. If the defendant is not competent to stand trial after eighteen months, thecourt shall terminate the placement under section 812.6 in accordance with the provisions ofsubsection 1. 3. Upon the termination of the defendant’s placement pursuant to subsection 1, or pursuant to section 812.8, subsection 8, the state may commence civil commitmentproceedings or any other appropriate commitment proceedings. 4. If the defendant’s placement is terminated pursuant to subsection 2 or pursuant to section 812.8, subsection 8, and it appears thereafter that the defendant has regainedcompetency, the state may make application to reinstate the prosecution of the defendantand hearing shall be held on the matter in the same manner as if the court has receivednotice under section 812.8, subsection 4. 2004 Acts, ch 1084, §11; 2005 Acts, ch 3, §113Referred to in §812.8 Sat Dec 23 12:34:49 2023 Iowa Code 2024, Section 812.9 (15, 0)