from the Iowa District Court for Scott County, Nancy S. Tabor
and John D. Telleen (sentencing), Judges.
Henderson appeals his convictions for two counts of delivery
of crack cocaine and one count of interference with official
acts inflicting bodily injury.
R. McCartney of Reynolds & Kenline, L.L.P., Dubuque, for
J. Miller, Attorney General, and Thomas E. Bakke, Assistant
Attorney General, for appellee.
by Vogel, P.J., and Vaitheswaran and McDonald, JJ. Tabor, J.,
takes no part.
Code chapter 812 (2014) governs the confinement of people
found incompetent to stand trial. This appeal raises issues
relating to the restoration of competency following a finding
the State charged Isaiah Henderson with several drug-related
crimes, his attorney filed an application for a competency
hearing. See Iowa Code § 812.3. The district
court suspended the proceedings and ordered "a
psychiatric evaluation to determine whether the defendant
[was] suffering from a mental disorder which prevente[ed]
[him] from appreciating the charge, understanding the
proceedings, or assisting effectively in the defense."
See id. § 812.3(2). On the same day, Henderson
executed a waiver of his ninety-day speedy trial right.
See Iowa R. Crim. P. 2.33(2)(b). The waiver also was
signed by his attorney.
licensed psychologist and educator determined Henderson was
"not competent to stand trial on the charges" but
was "very likely to benefit from restoration
efforts." At a subsequent competency hearing, the
district court "found it appropriate to order that . . .
he . . . be further evaluated" for restoration of
competency. The court ordered the evaluation to "be
performed on an inpatient basis at the Iowa Medical and
Classification Center Forensic Psychiatric Hospital."
The court noted that Henderson was about to start serving a
sentence on an unrelated charge and would "be at the
Iowa Medical and Classification Center [(IMCC)] anyway."
Per agreement of the State and defense counsel, the court
ordered Henderson placed in custody to serve the unrelated
receipt of the order, the department of corrections notified
the court that "Mr. Henderson was admitted to the Iowa
Medical and Classification Center . . . to serve his prison
sentence" on the unrelated case and "[d]ue to his
placement at IMCC as an incarcerated individual, he is not
eligible for restoration treatment through [the] licensed
Forensic Psychiatric Hospital." The department
representative expressed a "willing[ness] to revisit
this order upon the completion of his incarceration."
time, Henderson underwent a second competency evaluation. A
physician again found him "not competent to stand
trial" but reiterated he was a candidate for
thereafter, Henderson moved for termination of his placement
and the opportunity "to pursue restoration on an
outpatient basis." See Iowa Code §
812.9(1) (stating a defendant "shall not remain under
placement [for restoration due to incompetency] beyond the
expiration of the maximum term of confinement for the
criminal offense of which the defendant is accused, or
eighteen months from the date of the original adjudication of
incompetence to stand trial, . . . whichever occurs
first"); 812.9(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 . . . . If the defendant is not competent to
stand trial after eighteen months, the court shall terminate
the placement . . . ."). Following a hearing, the
district court denied the motion. The court reasoned:
[T]he Defendant was ordered to the Iowa Medical and
Classification Forensic Psychiatric Center for treatment for
restoration . . . . He . . . entered the IMCC as a prisoner
and as such was classified out to an appropriate facility to
serve his sentence. As a prisoner, the defendant was not
eligible to be housed in the psychiatric treatment facility