Iowa R. Crim. P. 2.22

2.22(1) Form of verdicts. For each count submitted in the jury instructions, the jury must

render a unanimous verdict of “guilty,” “not guilty,” or “not guilty by reason of insanity.” The

jury’s verdict shall include a determination of the degree of offense on those counts where the

level of offense must be determined.

2.22(2) Proof necessary to sustain verdict of guilty.

a. Reasonable doubt. Where there is a reasonable doubt of the defendant’s guilt, the defendant

is entitled to an acquittal.

b. Reasonable doubt as to degree. Where there is a reasonable doubt as to the degree of the

offense of which the defendant is guilty, the defendant shall only be convicted of the degree as to

which there is no reasonable doubt.

2.22(3) Special interrogatories.

a. For each special interrogatory submitted in the jury instructions, the jury’s verdict form

must include a place for an answer. The following issues require special interrogatories:

(1) Whether a witness was an accomplice when the evidence warrants its submission.

(2) Whether such accomplice’s testimony was corroborated.

(3) Factual findings that subject the defendant to a greater minimum or maximum sentence,

such as whether the defendant committed the offense with the use of a dangerous weapon.

(4) Whether an offense was sexually motivated for purposes of sex offender registration.

b. The parties may agree to waive the submission of special interrogatories on the accomplice

issues identified in rule 2.22(3)(a)(1) and (2). Such waiver shall be made on the record.

2.22(4) Multiple defendants or offenses. If the jury cannot agree on a verdict as to all

defendants or offenses, it may render a verdict as to those defendants or offenses where it agrees.

A judgment shall be entered accordingly as to those defendants or offenses and the case as to the

remaining defendants or offenses may be tried by another jury.

2.22(5) Return of jury and verdict.

a. Return and polling of unanimous verdict. The jury, unanimously agreeing upon a verdict,

shall bring the verdict into court, where it shall be read aloud, and inquiry made of the jurors if it

is their verdict. A party may then require a poll asking each juror if it is the juror’s verdict. If any

juror expresses disagreement on such poll or inquiry, the jury shall be sent out for further

deliberation; otherwise, the verdict is complete, and the jury shall be discharged.

b. Sealed verdicts. In any misdemeanor case, the court may permit the return of a sealed

verdict on agreement of the parties. Such verdict shall be signed by all jurors, sealed, and

delivered to the court, which shall enter it upon the record and disclose it to the parties as soon as

practicable. The sealing of the verdict is equivalent to rendition in open court, but the jury shall

not be polled or permitted to disagree with the verdict.

2.22(6) Verdict insufficient or inconsistent; reconsideration. If the jury renders a verdict that is

in none of the forms specified in this rule, or renders a verdict of guilty in which it appears to the

court that the jury was mistaken as to the law, or renders a verdict that is inconsistent, the court

may direct the jury to reconsider it.

2.22(7) Defendant discharged on acquittal. If judgment of acquittal is given on a general

verdict of not guilty and the defendant is not detained for any other legal cause, the defendant

must be discharged as soon as the judgment is given.

2.22(8) Acquittal on ground of insanity; commitment hearing.

a. Insanity defense verdict form. If the defendant raises a defense of insanity, the verdict form

shall include the defense as a possible verdict.

b. Commitment for evaluation.

(1) Upon a verdict of not guilty by reason of insanity, the court shall immediately order the

defendant committed to a state mental health institute or other appropriate facility for a complete

psychiatric evaluation and shall set a date for a hearing to inquire into the defendant’s present

mental condition.

(2) The court shall prepare written findings that shall be delivered to the facility at the time the

defendant is admitted fully informing the chief medical officer of the facility of the reason for the

commitment.

(3) The court shall direct the chief medical officer to report to the court in writing within 15

days of the admission of the defendant to the facility, stating the chief medical officer’s diagnosis

and opinion as to whether the defendant is mentally ill and dangerous to the defendant’s self or

others. An extension of time for the evaluation, not to exceed 15 days, may be granted upon the

chief medical officer’s request after due consideration of any objections or comments the

defendant may have.

(4) Upon receipt of the report, the court shall promptly forward a copy to the defendant’s

attorney and to the prosecuting attorney.

c. Independent examination. The defendant may have a separate examination conducted at the

facility by a licensed physician of the defendant’s choice. The report of the independent examiner

shall be submitted to the court.

d. Return for hearing. Upon receipt of the report or any subsequent report, the court shall hold

a hearing to inquire into the defendant’s mental condition. All parties shall be present. However,

if the chief medical officer believes uninterrupted custody of the defendant at the facility is

necessary to ensure the defendant’s safety or the safety of others and states that finding in the

report, the court may direct the chief medical officer to make arrangements for the defendant to

appear at the hearing by phone or interactive audiovisual system.

e. Hearing; release or retention in custody.

(1) If, upon hearing, the court finds that the defendant is either not mentally ill or no longer

dangerous to the defendant’s self or others, the court shall order the defendant released. If,

however, the court finds that the defendant is mentally ill and dangerous to the defendant’s self or

others, the court shall order the defendant committed to a state mental health institute or other

appropriate facility. The court shall give due consideration to the chief medical officer’s findings

and opinion along with any other relevant evidence that may be submitted.

(2) No more than 30 days after entry of an order for continued custody, and thereafter at

intervals of not more than 60 days as long as the defendant is in custody, the chief medical officer

of the facility to which the defendant is committed shall report to the court which entered the

order. Each periodic report shall describe the defendant’s condition and state the chief medical

officer’s prognosis if the defendant’s condition has remained unchanged or has deteriorated. The

court shall forward a copy of each report to the defendant’s attorney and to the prosecuting

attorney.

(3) If the chief medical officer reports at any time that the defendant is either no longer

mentally ill or no longer dangerous to the defendant’s self or others, the court shall hold a hearing

to determine if continued custody and treatment of the defendant are necessary because the

defendant remains mentally ill and dangerous to the defendant’s self or others. If the court finds

continued custody is necessary, the court shall order the defendant committed to a state mental

health institute or other appropriate facility for further evaluation, treatment, and custody.

Otherwise, the court shall order the release of the defendant.