Bill Text: IA HF2399 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the involuntary commitment of persons with an intellectual disability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-25 - Introduced, referred to Judiciary. H.J. 315. [HF2399 Detail]
Download: Iowa-2013-HF2399-Introduced.html
House
File
2399
-
Introduced
HOUSE
FILE
2399
BY
DAWSON
A
BILL
FOR
An
Act
relating
to
the
involuntary
commitment
of
persons
with
1
an
intellectual
disability.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
222.93
Involuntary
commitment
of
1
persons.
2
1.
A
person
may
petition
the
court
for
commitment
of
a
3
person
with
an
intellectual
disability
under
this
chapter.
4
2.
After
a
hearing
on
the
petition,
the
court
may
5
involuntarily
commit
a
person
with
an
intellectual
disability
6
for
treatment
under
this
chapter
if
any
of
the
following
apply:
7
a.
The
person
is
likely
to
physically
injure
oneself
or
8
others
if
allowed
to
remain
at
liberty
without
treatment.
9
b.
The
person
is
likely
to
inflict
serious
emotional
10
injury
on
the
person’s
family
or
others
who
lack
a
reasonable
11
opportunity
to
avoid
the
person
if
the
person
is
allowed
to
12
remain
at
liberty
without
treatment.
13
c.
The
person
is
unable
to
fulfill
the
basic
needs
of
the
14
person
including
but
not
limited
to
nourishment,
clothing,
15
essential
medical
care,
or
shelter
so
that
it
is
likely
that
16
the
person
will
suffer
physical
injury,
physical
debilitation,
17
or
death.
18
3.
If
a
person
is
committed
pursuant
to
subsection
2,
the
19
placement
of
the
person
shall
be
as
follows:
20
a.
Commit
the
person
to
any
public
or
private
facility
21
within
or
without
the
state,
approved
by
the
director
of
human
22
services.
23
b.
Commit
the
person
to
the
state
resource
center
designated
24
by
the
administrator
to
serve
the
county
in
which
the
hearing
25
is
being
held,
or
to
a
special
unit.
26
Sec.
2.
Section
812.9,
subsection
3,
Code
2014,
is
amended
27
to
read
as
follows:
28
3.
a.
Upon
the
termination
of
the
defendant’s
placement
29
pursuant
to
subsection
1
,
or
pursuant
to
section
812.8,
30
subsection
8
,
the
state
may
commence
civil
commitment
31
proceedings
or
any
other
appropriate
commitment
proceedings.
32
b.
If
the
defendant
has
an
intellectual
disability,
the
33
state
may
commence
commitment
proceedings
for
placement
at
a
34
state
resource
center
pursuant
to
section
222.93
or
placement
35
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2399
at
a
similar
facility
for
persons
with
an
intellectual
1
disability.
2
Sec.
3.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
3
3,
shall
not
apply
to
this
Act.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
the
involuntary
commitment
of
persons
8
with
an
intellectual
disability,
including
certain
criminal
9
defendants.
10
Current
law
provides
that
if
the
court
determines
that
11
a
criminal
defendant
suffers
from
a
mental
disorder
which
12
prevents
the
defendant
from
appreciating
the
charge,
13
understanding
the
proceedings,
or
assisting
effectively
in
14
the
defense,
the
court
shall
suspend
the
criminal
proceedings
15
pursuant
to
Code
chapter
812
until
the
defendant’s
mental
16
competency
is
restored.
Current
law
also
specifies
that
such
a
17
placement
shall
not
exceed
the
maximum
term
of
confinement
for
18
the
criminal
offense
for
which
the
defendant
stands
accused
or
19
a
determination
is
made
that
the
defendant’s
competency
will
20
not
be
restored
in
a
reasonable
amount
of
time.
21
The
bill
specifies
that
a
person
may
petition
the
court
22
for
commitment
of
a
person
with
an
intellectual
disability,
23
including
a
criminal
defendant
in
some
situations,
under
new
24
Code
section
222.93.
25
The
bill
provides
that
after
a
hearing
on
the
petition,
the
26
court
may
involuntarily
commit
a
person
with
an
intellectual
27
disability
under
Code
chapter
222,
if
any
of
the
following
28
apply:
the
person
is
likely
to
physically
injure
oneself
or
29
others
if
allowed
to
remain
at
liberty
without
treatment;
the
30
person
is
likely
to
inflict
serious
emotional
injury
on
the
31
person’s
family
or
others
who
lack
a
reasonable
opportunity
to
32
avoid
the
person
if
the
person
is
allowed
to
remain
at
liberty
33
without
treatment,
or
the
person
is
unable
to
fulfill
the
basic
34
needs
of
the
person
so
that
it
is
likely
that
the
person
will
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suffer
physical
injury,
physical
debilitation,
or
death.
1
Upon
the
commitment
of
a
person
with
an
intellectual
2
disability,
the
court
shall
commit
the
person
to
any
public
or
3
private
facility
within
or
without
the
state,
approved
by
the
4
director
of
human
services,
or
commit
the
person
to
the
state
5
resource
center
designated
by
the
administrator
to
serve
the
6
county
in
which
the
hearing
is
being
held,
or
to
a
special
unit
7
established
at
a
state
mental
health
institute.
8
The
bill
may
include
a
state
mandate
as
defined
in
Code
9
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
10
subsection
3,
which
would
relieve
a
political
subdivision
from
11
complying
with
a
state
mandate
if
funding
for
the
cost
of
12
the
state
mandate
is
not
provided
or
specified.
Therefore,
13
political
subdivisions
are
required
to
comply
with
any
state
14
mandate
included
in
the
bill.
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