In-Custody vs. Out-of-Custody Evaluations

In Iowa, competency evaluations are most often completed as court-ordered psychiatric evaluations under Iowa Code 812.3 when there are pending criminal charges and the court has questions about an individual’s ability to proceed. Through 1st Choice, these evaluations may be completed while an individual is in jail custody or while they remain in the community. Evaluations may also be requested privately in some situations, but privately obtained evaluations often follow a different scheduling and coordination process. This article focuses specifically on court-ordered competency evaluations.

Out-of-custody evaluations under Iowa Code 812.3 are not available in all settings, but when appropriate they allow individuals to participate in the evaluation process without needing to remain in jail. Both in-custody and out-of-custody evaluations serve the same purpose — helping the court determine whether an individual is able to understand the legal process and participate meaningfully in their defense — although the process can look somewhat different depending on the setting.

Out-of-custody evaluations require clear coordination and reliable participation so services can be completed in a timely manner. Through 1st Choice, appointments are scheduled directly through the court, the attorney of record, or an approved third-party facility to support accountability and consistency throughout the evaluation process. Out-of-custody evaluations are typically conducted through secure teleservices, allowing individuals to participate in a less restrictive setting while helping reduce transportation needs and overall resource demands.

Teleservices allow evaluations to be completed in a structured sight-and-sound format while making scheduling more flexible and predictable. For this reason, teleservices are the primary model used by 1st Choice and help support reliable and efficient evaluations.

In-custody evaluations involve coordination with correctional staff to arrange a suitable time and location for the evaluation. Because individuals in custody are in a structured setting, appointments can typically be scheduled with fewer uncertainties, often allowing for quicker appointment availability.

Timelines may also differ depending on whether an individual is in custody or in the community. In-custody cases often receive priority scheduling because individuals are being held while the court process continues, while out-of-custody evaluations may allow for somewhat more flexible scheduling depending on coordination needs.

At 1st Choice Competency Evaluations, we provide court-ordered psychiatric evaluations under Iowa Code 812.3 for individuals both in custody and in the community. Our services are designed to work within the practical realities of each setting while supporting consistent and thorough evaluations. When clear court orders, records, and scheduling arrangements are in place, evaluations can typically move forward efficiently regardless of the setting.