124.409 - CONDITIONAL DISCHARGE, COMMITMENT FOR TREATMENT, AND PROBATION.
124.409 CONDITIONAL DISCHARGE, COMMITMENT FOR
TREATMENT, AND PROBATION.
Whenever the court finds that a person who is charged with a
violation of section 124.401 and who consents thereto, or who has
entered a plea of guilty to or been found guilty of a violation of
that section, is addicted to, dependent upon, or a chronic abuser of
any controlled substance and that such person will be aided by proper
medical treatment and rehabilitative services, it may order that the
person be committed as an in-patient or out-patient to a facility
licensed by the Iowa department of public health for medical
treatment and rehabilitative services. A person committed under this
subsection who is not possessed of sufficient income or estate to
enable the person to make payment of the costs of such treatment in
whole or in part shall be considered a state patient and the costs of
treatment shall be paid as provided in section 125.44. The
determination of ability to pay shall be made by the court. The
court shall require the patient, or the patient's parent, guardian,
or custodian to complete under oath a detailed financial statement.
The court may enter appropriate orders requiring the patient or those
legally liable for the patient's support to reimburse the state with
the costs, or any part thereof. In order to obtain the most
effective results from such medical treatment and rehabilitative
services, the court may commit the person to the custody of a public
or private agency or any other responsible person and impose other
conditions upon the commitment as is necessary to insure compliance
with the court's order and to insure that the person will not, during
the period of treatment and rehabilitation, again violate a provision
of this chapter. If it is established thereafter to the satisfaction
of the court that the person has again violated a provision of this
chapter, the person may be returned to custody or sentenced upon
conviction as provided by law. The public or private agency or
responsible person to whom the accused person was committed by the
court shall immediately report to the court when the person has
received maximum benefit from the program or has recovered from
addiction, dependency, or tendency to chronically abuse any
controlled substance. The person shall then be returned to the court
for disposition of the case. If the person has been charged or
indicted, but not convicted, such charge shall proceed to trial or
final disposition. If the person has been convicted or is thereafter
convicted, the court shall sentence the person as provided by law but
may remit all or any part of the sentence and place the person on
probation upon terms and conditions as the court may prescribe. Section History: Early Form
[C73, 75, 77, 79, 81, § 204.409] Section History: Recent Form
84 Acts, ch 1013, § 16
C93, § 124.409
96 Acts, ch 1034, § 4; 2002 Acts, ch 1175, §26; 2002 Acts, 2nd Ex,
ch 1003, § 237, 262
Referred to in § 125.44, 125.89