Iowa Code

Iowa Code § 812.4 (2026)

Hearing

✓ current as of July 2026

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1. A hearing shall be held within fourteen days of the arrival of the person at a psychiatric facility for the performance of the evaluation, or within five days of the court’s motion or the filing of an application, if the defendant has had a psychiatric evaluation within thirty days of the probable cause finding, and upon which the court decides to rely. Pending the hearing, no further proceedings shall be taken under the complaint or indictment and the defendant’s right to a speedy indictment and speedy trial shall be tolled until the court finds the defendant competent to stand trial.

2. The defendant shall be entitled to representation by counsel, including appointed counsel if indigent, and shall be entitled to the right of cross-examination and to present evidence.

3. Testimony of the defendant given during the hearing shall not be admissible on the issue\n\nTue Dec 09 21:53:44 2025 Iowa Code 2026, Chapter 812 (23, 1) §812.4, CONFINEMENT OF PERSONS FOUND INCOMPETENT TO STAND TRIAL 2\n\nof guilt in any other judicial proceeding, except that such testimony shall be admissible in proceedings under section 811.2, subsection 8, and section 811.8, and in perjury proceedings. [C51, §3262, 3263; R60, §5018, 5019; C73, §4623, 4624; C97, §5542; C24, 27, 31, 35, 39, §13907; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §783.3; C79, 81, §812.4] 83 Acts, ch 96, §157, 159; 94 Acts, ch 1079, §1; 97 Acts, ch 64, §1; 2004 Acts, ch 1084, §6; 2005 Acts, ch 65, §1 \n

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2001–2024 · leading case: State v. Lyman, 776 N.W.2d 865 (Iowa 2010).

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State v. Lyman, 776 N.W.2d 865 (Iowa 2010). “Iowa Code § 812.4 (Supp. 1977). Although the legislature has amended chapter 812 numerous times since 1978, the determination of a defendant’s competency to stand trial has remained with the court.”

In Re Det. of Cubbage, 671 N.W.2d 442 (Iowa 2003). “) See also Iowa Code § 812.4 (providing that, upon a finding of incapacity, “no further proceedings shall be taken under the complaint or indictment until the accused’s capacity is restored”).”

Dir. of the Iowa Dep't of Human Servs. v. Iowa Dist. Court for Jefferson Cnty., 621 N.W.2d 189 (Iowa 2001). “See Iowa Code § 812.4 . Following a hearing on February 24, 1997, the district court found that it was not necessary for Ward to be placed at the IMHI and that further reports were needed before the court could determine Ward’s competency.”

Boe Adams, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2014). · cites it 2× “Although the statute provides that the defendant is entitled to a final hearing on competency within fourteen days of arriving at a facility for the performance of a psychiatric evaluation, see Iowa Code § 812.4 (1), Adams was detained for more than one year on the probable…”

State of Iowa v. Roland Ricardo Anderson (Iowa Ct. App. 2016). “Iowa Code § 812.4 . By order on August 22, 2013, the court granted the defendant’s second chapter-812 request for a competency evaluation and stayed proceedings.”

State of Iowa v. Isaiah Ramon Henderson (Iowa Ct. App. 2018). “See Iowa Code § 812.4 (1) (“Pending [a competency] hearing, no further proceedings shall be taken under the complaint or indictment and the defendant’s right to a speedy indictment and speedy trial shall be tolled until the court finds the defendant competent to stand trial.”

State of Iowa v. Shawn Alvin Krug (Iowa Ct. App. 2024). “Cox, 2011 WL 486543 , at *7 (quoting Iowa Code § 812.4 (1)); accord State v. Jordan, No.”

State Of Iowa Vs. June Betty Lyman (Iowa 2010). “Iowa Code § 812.4 (Supp. 1977). Although the legislature has amended chapter 812 numerous times since 1978, the determination of a defendant’s competency to stand trial has remained with the court.”

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