124.409 Conditional discharge, commitment for treatment, and probation.
1. 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, the court 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.
2. A person committed under this section 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.
3. 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 ensure compliance with the court’s order and to ensure that the person will not, during the period of treatment and rehabilitation, again violate a provision of this chapter.
4. 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.
5. 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.
[C73, 75, 77, 79, 81, §204.409]
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
; 2019 Acts, ch 59, §49; 2020 Acts, ch 1062, §23; 2021 Acts, ch 76, §26
Referred to in §125.44, 125.89
Subsection 3 amended
Structure Iowa Code
Chapter 124 - CONTROLLED SUBSTANCES
Section 124.101 - Definitions.
Section 124.101A - Administration of controlled substances — delegation.
Section 124.101B - Factors indicating an imitation controlled substance.
Section 124.201 - Duty to recommend changes in schedules — temporary amendments to schedules.
Section 124.201A - Cannabis-derived products — rules.
Section 124.202 - Controlled substances — listed regardless of name.
Section 124.203 - Substances listed in schedule I — criteria.
Section 124.204 - Schedule I — substances included.
Section 124.205 - Substances listed in schedule II — criteria.
Section 124.206 - Schedule II — substances included.
Section 124.207 - Substances listed in schedule III — criteria.
Section 124.208 - Schedule III — substances included.
Section 124.209 - Substances listed in schedule IV — criteria.
Section 124.210 - Schedule IV — substances included.
Section 124.211 - Schedule V — criteria.
Section 124.212 - Schedule V — substances included.
Section 124.212B - Pseudoephedrine sales — tracking — penalty.
Section 124.212C - Pseudoephedrine advisory council — electronic monitoring.
Section 124.213 - Pseudoephedrine purchase restrictions from pharmacy or retailer — penalty.
Section 124.302 - Registration requirements.
Section 124.303 - Registration.
Section 124.304 - Revocation, suspension, or restriction of registration.
Section 124.305 - Contested case proceedings.
Section 124.306 - Records of registrants.
Section 124.307 - Order forms.
Section 124.308 - Prescriptions.
Section 124.401C - Manufacturing methamphetamine in presence of minors.
Section 124.401G - Iowa hemp Act — negligent violation program.
Section 124.402 - Prohibited acts — distributors — registrants — proprietors — penalties.
Section 124.404 - Penalties under other laws.
Section 124.405 - Bar to prosecution.
Section 124.406 - Distribution to person under age eighteen.
Section 124.406A - Use of persons under age eighteen in the drug trade.
Section 124.407 - Gatherings where controlled substances unlawfully used — penalties.
Section 124.408 - Joint criminal trials.
Section 124.409 - Conditional discharge, commitment for treatment, and probation.
Section 124.410 - Accommodation offense.
Section 124.411 - Second or subsequent offenses.
Section 124.412 - Notice of conviction.
Section 124.413 - Mandatory minimum sentence — parole eligibility.
Section 124.414 - Drug paraphernalia.
Section 124.415 - Parental and school notification — persons under eighteen years of age.
Section 124.416 - Exception to restrictions on bail.
Section 124.417 - Imitation controlled substances — exceptions.
Section 124.418 - Persons seeking medical assistance for drug-related overdose.
Section 124.501 - Responsibility for enforcement.
Section 124.502 - Administrative inspections and warrants.
Section 124.503 - Injunctions.
Section 124.504 - Cooperative arrangements and confidentiality.
Section 124.506 - Controlled substances — disposal.
Section 124.506A - Large seizure of a controlled substance — evidence and disposal.
Section 124.507 - Burden of proof — liabilities.
Section 124.508 - Judicial review.
Section 124.509 - Education and research.
Section 124.510 - Reports of arrests and analyses to department.
Section 124.550 - Definitions.
Section 124.551 - Information program for drug prescribing and dispensing.
Section 124.551A - Prescribing practitioner program registration.
Section 124.552 - Information reporting.
Section 124.553 - Information access.
Section 124.554 - Rules and reporting.
Section 124.555 - Advisory council established.
Section 124.556 - Education and treatment.
Section 124.557 - Drug information program fund — surcharge.
Section 124.558 - Prohibited acts — penalties.