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| 1 | 1 | House File 139 - Introduced HOUSE FILE 139 BY LATHAM A BILL FOR An Act relating to filing applications and custody of the 1 respondent in an involuntary commitment proceeding. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1144YH (10) 91 dg/ko | |
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| 3 | 3 | H.F. 139 Section 1. Section 125.75, subsection 1, Code 2025, is 1 amended to read as follows: 2 1. a. Proceedings for the involuntary commitment or 3 treatment of a person with a substance use disorder to a 4 facility pursuant to this chapter or for the involuntary 5 hospitalization of a person pursuant to chapter 229 may 6 be commenced by any interested person by filing a verified 7 application with the clerk of the a district court . 8 b. If the verified application was filed in a district 9 court of a county where the respondent is not located and 10 does not reside, the court shall transfer jurisdiction of the 11 case to the district court of the county where the respondent 12 is presently located or which is the respondents place of 13 residence. 14 c. The clerk , or the clerks designee , shall assist the an 15 applicant in completing the verified application. 16 Sec. 2. Section 125.83, Code 2025, is amended to read as 17 follows: 18 125.83 Placement for evaluation. 19 If upon completion of the commitment hearing, the court 20 finds that the contention that the respondent is a person 21 with a substance use disorder has been sustained by clear and 22 convincing evidence, the court shall order the respondent 23 placed at a facility or under the care of a suitable facility 24 on an outpatient basis as expeditiously as possible for a 25 complete evaluation and appropriate treatment. Any peace 26 officer shall have the authority to take the respondent 27 into custody in any county in which the respondent is found 28 for placement at a facility or under the care of a suitable 29 facility in accordance with an order entered pursuant to this 30 section. The court shall furnish to the facility at the time 31 of admission or outpatient placement, a written statement of 32 facts setting forth the evidence on which the finding is based. 33 The administrator of the facility shall report to the court no 34 more than fifteen days after the individual is admitted to or 35 -1- LSB 1144YH (10) 91 dg/ko 1/ 4 | |
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| 5 | 5 | H.F. 139 placed under the care of the facility, which shall include the 1 chief medical officers recommendation concerning treatment of 2 a substance use disorder. An extension of time may be granted 3 for a period not to exceed seven days upon a showing of good 4 cause. A copy of the report shall be sent to the respondents 5 attorney who may contest the need for an extension of time if 6 one is requested. If the request is contested, the court shall 7 make an inquiry as it deems appropriate and may either order 8 the respondent released from the facility or grant an extension 9 of time for further evaluation. If the administrator fails to 10 report to the court within fifteen days after the individual 11 is admitted to the facility, and no extension of time has been 12 requested, the administrator is guilty of contempt and shall be 13 punished under chapter 665 . The court shall order a rehearing 14 on the application to determine whether the respondent should 15 continue to be held at the facility. 16 Sec. 3. Section 229.6, subsection 1, Code 2025, is amended 17 to read as follows: 18 1. a. Proceedings for the involuntary hospitalization of 19 an individual pursuant to this chapter or for the involuntary 20 commitment or treatment of a person with a substance use 21 disorder to a facility pursuant to chapter 125 may be commenced 22 by any interested person by filing a verified application with 23 the clerk of the a district court . 24 b. If the verified application was filed with a district 25 court where the respondent is not located and does not reside, 26 the court shall transfer jurisdiction of the case to the 27 district court of the county where the respondent is presently 28 located, or which is the respondents place of residence. 29 c. The clerk, or the clerks designee, shall assist the an 30 applicant in completing the verified application. 31 Sec. 4. Section 229.13, subsection 6, Code 2025, is amended 32 by striking the subsection and inserting in lieu thereof the 33 following: 34 6. A hospital or facilitys chief medical officer shall 35 -2- LSB 1144YH (10) 91 dg/ko 2/ 4 | |
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| 7 | 7 | H.F. 139 inform the sheriff or a law enforcement agency if, after 1 placement of a respondent in or under the care of a hospital or 2 other suitable facility for inpatient treatment, the respondent 3 departs from the hospital or facility without authorization or 4 fails to appear for treatment as ordered. The law enforcement 5 agency shall exercise all due diligence to take the respondent 6 into custody for placement in the appropriate hospital or 7 facility. 8 Sec. 5. Section 229.13, Code 2025, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 8. A sheriff or peace officer shall have 11 the authority to take a respondent into custody in any county 12 in which the respondent is found for placement in a hospital or 13 facility in accordance with an order entered pursuant to this 14 section. 15 Sec. 6. Section 229.14B, Code 2025, is amended to read as 16 follows: 17 229.14B Escape from custody. 18 A person who is placed in a hospital or other suitable 19 facility for evaluation under section 229.13 or who is required 20 to remain hospitalized for treatment under section 229.14 21 shall remain at that hospital or facility unless discharged or 22 otherwise permitted to leave by the court or the chief medical 23 officer of the hospital or facility. If a person placed at a 24 hospital or facility or required to remain at a hospital or 25 facility leaves the facility without permission or without 26 having been discharged, the chief medical officer may notify 27 the a sheriff or law enforcement agency of the persons absence 28 and the sheriff or law enforcement agency shall take the person 29 into custody and return the person promptly to the hospital or 30 facility. 31 Sec. 7. SUPREME COURT COURT RULES. The supreme court 32 shall adopt rules to implement this Act. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 1144YH (10) 91 dg/ko 3/ 4 | |
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| 9 | 9 | H.F. 139 the explanations substance by the members of the general assembly. 1 This bill relates to filing applications and custody of a 2 respondent in an involuntary commitment proceeding. 3 The bill allows any interested person to commence an 4 involuntary commitment substance abuse proceeding by filing a 5 verified application in any county. If a verified application 6 is filed in a district court of a county where the respondent 7 is not located and does not reside, the court must transfer 8 jurisdiction of the case to the district court of the county 9 where the respondent is presently located or where the 10 respondent resides. 11 Under current law, if a person has been ordered by a court 12 to receive treatment for a substance use disorder or a serious 13 mental impairment and the person leaves the county where the 14 person was ordered to receive treatment without completing the 15 treatment and without prior authorization, the sheriffs and 16 peace officers (officers) in the county where the person is 17 currently located may not have the authority to take the person 18 into custody for placement in a hospital or facility (facility) 19 to receive treatment. The bill authorizes officers to take a 20 person into custody in any county in which the person is found 21 for placement at a facility to receive court-ordered treatment. 22 The bill directs the supreme court to adopt rules to 23 implement the bill. 24 The bill makes a conforming change to Code section 229.14B. 25 -4- LSB 1144YH (10) 91 dg/ko 4/ 4 |