Bill Text: IA HF448 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the involuntary commitment of a person with an intellectual disability who presents a danger to self or others, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-28 - Introduced, referred to Judiciary. H.J. 475. [HF448 Detail]
Download: Iowa-2017-HF448-Introduced.html
House File 448 - Introduced HOUSE FILE BY CARLIN A BILL FOR 1 An Act relating to the involuntary commitment of a person with 2 an intellectual disability who presents a danger to self or 3 others, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2470YH (3) 87 rh/rj PAG LIN 1 1 Section 1. Section 222.2, Code 2017, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 2A. "Chemotherapy" means the same as 1 4 defined in section 229.1. 1 5 NEW SUBSECTION. 2B. "Clerk" means the clerk of the district 1 6 court. 1 7 NEW SUBSECTION. 2C. "Danger to self or others" describes 1 8 the condition of a person with an intellectual disability who, 1 9 because of that intellectual disability, meets any of the 1 10 following criteria: 1 11 a. Is likely to physically injure the person's self or 1 12 others if allowed to remain at liberty without treatment. 1 13 b. Is likely to inflict serious emotional injury on the 1 14 person's family or others who lack a reasonable opportunity 1 15 to avoid contact with the person if the person is allowed to 1 16 remain at liberty without treatment. 1 17 c. Is unable to fulfill the basic needs of the person 1 18 including but not limited to nourishment, clothing, essential 1 19 medical care, or shelter so that it is likely that the person 1 20 will suffer physical injury, physical debilitation, or death. 1 21 NEW SUBSECTION. 5A. "Mental health professional" means the 1 22 same as defined in section 228.1. 1 23 NEW SUBSECTION. 5B. "Physician" means a physician licensed 1 24 under chapter 148. 1 25 NEW SUBSECTION. 5C. "Psychologist" means a psychologist 1 26 licensed under chapter 154B. 1 27 NEW SUBSECTION. 6A. "Respondent" means any person against 1 28 whom an application has been filed under section 222.93, but 1 29 who has not been finally ordered committed for full=time 1 30 custody care and treatment in a state resource center or an 1 31 appropriate public or private facility. 1 32 NEW SUBSECTION. 6B. "Serious emotional injury" means the 1 33 same as defined in section 229.1. 1 34 Sec. 2. NEW SECTION. 222.93 Application for order of 1 35 involuntary commitment. 2 1 1. Proceedings for the involuntary commitment of a person 2 2 with an intellectual disability who presents a danger to 2 3 self or others may be commenced by any interested person by 2 4 filing a verified application with the clerk of the county 2 5 where the respondent is presently located, or in which the 2 6 respondent's place of residence is located. The clerk, or the 2 7 clerk's designee, shall assist the applicant in completing the 2 8 application. 2 9 2. The application shall state the applicant's belief that 2 10 the respondent is a person with an intellectual disability who 2 11 presents a danger to self or others. 2 12 3. The application shall be accompanied by any of the 2 13 following: 2 14 a. A written statement of a physician or psychologist in 2 15 support of the application. 2 16 b. One or more supporting affidavits otherwise corroborating 2 17 the application. 2 18 c. Corroborative information obtained and reduced to 2 19 writing by the clerk or the clerk's designee, but only when 2 20 circumstances make it infeasible to comply with, or when the 2 21 clerk considers it appropriate to supplement the information 2 22 supplied pursuant to either paragraph "a" or "b". 2 23 Sec. 3. NEW SECTION. 222.94 Service of notice upon 2 24 respondent. 2 25 Upon the filing of an application pursuant to section 2 26 222.93, the clerk shall docket the case and immediately notify 2 27 a district judge, district associate judge, or magistrate who 2 28 is admitted to the practice of law in this state, who shall 2 29 review the application and accompanying documentation. If 2 30 the application is adequate as to form, the court may set a 2 31 time and place for a hearing on the application, if feasible, 2 32 but the hearing shall not be held less than forty=eight hours 2 33 after notice to the respondent unless the respondent waives 2 34 such minimum prior notice requirement. The court shall direct 2 35 the clerk to send copies of the application and supporting 3 1 documentation, together with a notice informing the respondent 3 2 of the procedures required by this chapter, to the sheriff or 3 3 the sheriff's deputy for immediate service upon the respondent. 3 4 If the respondent is taken into custody under section 222.99, 3 5 service of the application, documentation, and notice upon the 3 6 respondent shall be made at the time the respondent is taken 3 7 into custody. 3 8 Sec. 4. NEW SECTION. 222.95 Involuntary proceedings ==== 3 9 minors ==== jurisdiction. 3 10 The juvenile court has exclusive original jurisdiction in 3 11 proceedings concerning a minor for whom an application is filed 3 12 under section 222.93. In proceedings concerning a minor's 3 13 involuntary commitment or treatment, the term "court", "judge", 3 14 or "clerk" means the juvenile court, judge, or clerk. 3 15 Sec. 5. NEW SECTION. 222.96 Procedure after application 3 16 filed. 3 17 As soon as practicable after the filing of an application 3 18 pursuant to section 222.93, the court shall do all of the 3 19 following: 3 20 1. Determine whether the respondent has an attorney 3 21 who is able and willing to represent the respondent in the 3 22 commitment proceeding, and if not, whether the respondent 3 23 is financially able to employ an attorney and capable of 3 24 meaningfully assisting in selecting one. In accordance with 3 25 those determinations, the court shall if necessary allow the 3 26 respondent to select, or shall assign an attorney for the 3 27 respondent. If the respondent is financially unable to pay 3 28 an attorney, the attorney shall be compensated by the mental 3 29 health and disability services region at an hourly rate to be 3 30 established by the regional administrator for the county in 3 31 which the proceeding is held in substantially the same manner 3 32 as provided in section 815.7. 3 33 2. Cause copies of the application and supporting 3 34 documentation to be sent to the county attorney or the county 3 35 attorney's attorney=designate for review. 4 1 3. Issue a written order which shall do all of the 4 2 following: 4 3 a. If not previously done, set a time and place for a 4 4 commitment hearing, which shall be at the earliest practicable 4 5 time not less than forty=eight hours after notice to the 4 6 respondent, unless the respondent waives such minimum prior 4 7 notice requirement. 4 8 b. Order an examination of the respondent, prior to the 4 9 hearing, by one or more physicians or psychologists who shall 4 10 submit a written report on the examination to the court as 4 11 required by section 222.98. 4 12 Sec. 6. NEW SECTION. 222.97 Respondent's attorney informed. 4 13 The court shall direct the clerk to furnish at once to the 4 14 respondent's attorney copies of the application filed pursuant 4 15 to section 222.93 and the supporting documentation, and of the 4 16 court's order issued pursuant to section 222.96, subsection 4 17 3. If the respondent is taken into custody under section 4 18 222.99, the attorney shall also be advised of that fact. The 4 19 respondent's attorney shall represent the respondent at all 4 20 stages of the proceedings, and shall attend the commitment 4 21 hearing. 4 22 Sec. 7. NEW SECTION. 222.98 Examination report. 4 23 1. a. An examination of the respondent shall be conducted 4 24 by one or more physicians or psychologists, as required by the 4 25 court's order issued pursuant to section 222.96, subsection 4 26 3, within a reasonable time. If the respondent is detained 4 27 pursuant to section 222.99, subsection 1, paragraph "b", 4 28 the examination shall be conducted within twenty=four hours. 4 29 If the respondent is detained pursuant to section 222.99, 4 30 subsection 1, paragraph "a" or "c", the examination shall 4 31 be conducted within forty=eight hours. If the respondent 4 32 so desires, the respondent shall be entitled to a separate 4 33 examination by a physician or psychologist of the respondent's 4 34 own choice. The reasonable cost of the examinations shall, if 4 35 the respondent lacks sufficient funds to pay the cost, be paid 5 1 by the regional administrator from mental health and disability 5 2 services region funds upon order of the court. 5 3 b. A physician or psychologist conducting an examination 5 4 pursuant to this section may consult with or request the 5 5 participation in the examination of any mental health 5 6 professional, and may include with or attach to the written 5 7 report of the examination any findings or observations by any 5 8 mental health professional who has been so consulted or has so 5 9 participated in the examination. 5 10 c. If the respondent is not taken into custody under 5 11 section 222.99, but the court is subsequently informed that 5 12 the respondent has declined to be examined by the physician or 5 13 psychologist pursuant to the court order, the court may order 5 14 such limited detention of the respondent as is necessary to 5 15 facilitate the examination of the respondent by the physician 5 16 or psychologist. 5 17 2. A written report of the examination by the 5 18 court=designated physician or psychologist shall be filed with 5 19 the clerk prior to the time set for hearing. A written report 5 20 of any examination by a physician or psychologist chosen by the 5 21 respondent may be similarly filed. The clerk shall immediately 5 22 do all of the following: 5 23 a. Cause the report or reports to be shown to the judge who 5 24 issued the order requiring the examination. 5 25 b. Cause the respondent's attorney to receive a copy of the 5 26 report of the court=designated physician or psychologist. 5 27 3. If the report of the court=designated physician or 5 28 psychologist is to the effect that the intellectually disabled 5 29 individual does not present a danger to self or others, 5 30 the court may without taking further action terminate the 5 31 proceeding and dismiss the application on its own motion and 5 32 without notice. 5 33 4. If the report of the court=designated physician or 5 34 psychologist is to the effect that the respondent is a person 5 35 with an intellectual disability who presents a danger to 6 1 self or others, the court shall schedule a hearing on the 6 2 application as soon as possible. The hearing shall be held 6 3 not more than forty=eight hours after the report is filed, 6 4 excluding Saturdays, Sundays, and holidays, unless an extension 6 5 for good cause is requested by the respondent, or as soon 6 6 thereafter as possible if the court considers that sufficient 6 7 grounds exist for delaying the hearing. 6 8 Sec. 8. NEW SECTION. 222.99 Judge may order immediate 6 9 custody. 6 10 1. If the applicant requests that the respondent be taken 6 11 into immediate custody and the judge, upon reviewing the 6 12 application and accompanying documentation, finds probable 6 13 cause to believe that the respondent has an intellectual 6 14 disability and is likely to injure the respondent's self or 6 15 others if allowed to remain at liberty, the judge may enter 6 16 a written order directing that the respondent be taken into 6 17 immediate custody by the sheriff or the sheriff's deputy and 6 18 be detained until the commitment hearing. The commitment 6 19 hearing shall be held no more than five days after the date of 6 20 the order, except that if the fifth day after the date of the 6 21 order is a Saturday, Sunday, or a holiday, the hearing may be 6 22 held on the next succeeding business day. If the expenses of a 6 23 respondent are payable in whole or in part by a mental health 6 24 and disability services region, for a placement in accordance 6 25 with paragraph "a", the judge shall give notice of the placement 6 26 to the regional administrator for the respondent's county of 6 27 residence, and for a placement in accordance with paragraph 6 28 "b" or "c", the judge shall order the placement in a public or 6 29 private facility designated through the regional administrator 6 30 for the respondent's county of residence. The judge may order 6 31 the respondent detained for the period of time until the 6 32 hearing is held, and no longer, in accordance with paragraph 6 33 "a", if possible, and if not then in accordance with paragraph 6 34 "b", or, only if neither of these alternatives is available, in 6 35 accordance with paragraph "c". Placement may be: 7 1 a. In the custody of a relative, friend, or other suitable 7 2 person who is willing to accept responsibility for supervision 7 3 of the respondent, and the respondent may be placed under 7 4 such reasonable restrictions as the judge may order including 7 5 but not limited to restrictions on or a prohibition of any 7 6 expenditure, encumbrance, or disposition of the respondent's 7 7 funds or property. 7 8 b. In a suitable public or private facility within 7 9 or without the state, approved by the director of human 7 10 services, which facility shall be informed of the reasons why 7 11 immediate custody has been ordered and may provide treatment 7 12 which is necessary to preserve the respondent's life, or to 7 13 appropriately control behavior by the respondent which is 7 14 likely to result in physical injury to the respondent or 7 15 others if allowed to continue, but shall not otherwise provide 7 16 treatment to the respondent without the respondent's consent. 7 17 c. In a state resource center or to a special unit, provided 7 18 that detention in a jail or other facility intended for 7 19 confinement of those accused or convicted of crime shall not 7 20 be ordered. 7 21 2. The clerk shall furnish copies of any orders to the 7 22 respondent and to the applicant if the applicant files a 7 23 written waiver signed by the respondent. 7 24 Sec. 9. NEW SECTION. 222.100 Hearing procedure ==== findings. 7 25 1. At the commitment hearing, evidence in support of the 7 26 contentions made in the application shall be presented by the 7 27 county attorney. During the hearing the applicant and the 7 28 respondent shall be afforded an opportunity to testify and 7 29 to present and cross=examine witnesses, and the court may 7 30 receive the testimony of any other interested person. The 7 31 respondent has the right to be present at the hearing. If 7 32 the respondent exercises that right and has been medicated 7 33 within twelve hours, or such longer period of time as the 7 34 court may designate, prior to the beginning of the hearing 7 35 or an adjourned session thereof, the judge shall be informed 8 1 upon convening of the hearing of that fact and of the probable 8 2 effects of the medication. 8 3 2. All persons not necessary for the conduct of the 8 4 hearing shall be excluded, except that the court may admit 8 5 persons having a legitimate interest to attend the hearing. 8 6 Upon motion of the county attorney, the judge may exclude 8 7 the respondent from the hearing during the testimony of any 8 8 particular witness if the judge determines that the witness's 8 9 testimony is likely to cause the respondent severe emotional 8 10 trauma. 8 11 3. The respondent's welfare shall be paramount and the 8 12 hearing shall be conducted in as informal a manner as may be 8 13 consistent with orderly procedure, but consistent therewith 8 14 the issue shall be tried as a civil matter. Such discovery 8 15 as is permitted under the Iowa rules of civil procedure shall 8 16 be available to the respondent. The court shall receive 8 17 all relevant and material evidence which may be offered and 8 18 need not be bound by the rules of evidence. There shall be 8 19 a presumption in favor of the respondent, and the burden of 8 20 evidence in support of the contentions made in the application 8 21 shall be upon the applicant. 8 22 4. The physician or psychologist who examined the 8 23 respondent shall be present at the hearing unless the court 8 24 for good cause finds that the physician's or psychologist's 8 25 presence is not necessary. The applicant, respondent, and the 8 26 respondent's attorney may waive the presence or the telephonic 8 27 appearance of the physician or psychologist who examined the 8 28 respondent and agree to submit as evidence the written report 8 29 of the physician or psychologist. The respondent's attorney 8 30 shall inform the court if the respondent's attorney reasonably 8 31 believes that the respondent, due to diminished capacity, 8 32 cannot make an adequately considered waiver decision. "Good 8 33 cause" for finding that the testimony of the physician or 8 34 psychologist who examined the respondent is not necessary may 8 35 include but is not limited to such a waiver. If the court 9 1 determines that the testimony of the physician or psychologist 9 2 is necessary, the court may allow the physician or the 9 3 psychologist to testify by telephone. 9 4 5. The court shall deny the application and terminate 9 5 the commitment hearing if upon completion of the hearing the 9 6 court does not find by clear and convincing evidence that the 9 7 respondent is a person with an intellectual disability who 9 8 presents a danger to self or others. 9 9 6. If the respondent is not taken into custody under section 9 10 222.99, but the court subsequently finds good cause to believe 9 11 that the respondent is about to depart from the jurisdiction of 9 12 the court, the court may order such limited detention of the 9 13 respondent as is authorized by section 222.99 and is necessary 9 14 to ensure that the respondent will not depart from the 9 15 jurisdiction of the court without the court's approval until 9 16 the proceeding relative to the respondent has been concluded. 9 17 7. The clerk shall furnish copies of any orders to the 9 18 respondent and to the applicant if the applicant files a 9 19 written waiver signed by the respondent. 9 20 Sec. 10. NEW SECTION. 222.101 Commitment order. 9 21 1. Upon completion of the commitment hearing the court shall 9 22 commit the respondent to the custody of the superintendent 9 23 of a state resource center if it is established by clear 9 24 and convincing evidence that the respondent is a person with 9 25 an intellectual disability who presents a danger to self or 9 26 others. 9 27 2. The superintendent shall coordinate with the regional 9 28 administrator for the respondent's county of residence in 9 29 identifying any public or private facilities, either within or 9 30 without the state, which would be an appropriate alternative to 9 31 the continued placement of the respondent in the state resource 9 32 center. If an appropriate public or private facility is 9 33 available and is willing to accept placement of the respondent, 9 34 the superintendent may transfer the respondent to that public 9 35 or private facility. 10 1 3. The superintendent of a state resource center in 10 2 coordination with the regional administrator for the 10 3 respondent's county of residence may modify the placement of 10 4 the respondent as appropriate. 10 5 4. The superintendent shall report to the court any changes 10 6 in the placement of the respondent. 10 7 Sec. 11. NEW SECTION. 222.102 Contested placement ==== notice 10 8 and hearing. 10 9 1. The respondent or the regional administrator of 10 10 the respondent's county of residence may challenge the 10 11 superintendent's placement of the respondent. A request for 10 12 a placement hearing may be signed by the respondent, the 10 13 respondent's next friend, guardian, or attorney or by the 10 14 regional administrator of the respondent's county of residence. 10 15 2. a. A placement hearing shall be held no sooner than four 10 16 days and no later than seven days after the request for the 10 17 placement hearing is filed unless otherwise agreed to by the 10 18 parties. 10 19 b. The respondent may be transferred to the placement 10 20 designated by the superintendent unless a request for hearing 10 21 is filed prior to the transfer. If the request for a placement 10 22 hearing is filed prior to the transfer, the court shall 10 23 determine where the respondent shall be detained until the date 10 24 of the hearing. 10 25 c. If the respondent's attorney has withdrawn, the court 10 26 shall appoint an attorney for the respondent in the manner 10 27 described in section 222.96. 10 28 3. Time periods shall be calculated for the purposes of this 10 29 section excluding weekends and official holidays. 10 30 4. If a respondent's expenses are payable in whole or 10 31 in part by a county, notice of a placement hearing shall be 10 32 provided to the county attorney and the regional administrator 10 33 of the respondent's county of residence. At the hearing, the 10 34 county attorney may present evidence regarding appropriate 10 35 placement. 11 1 5. In a placement hearing, the court shall determine a 11 2 placement for the respondent taking into consideration the 11 3 evidence presented by all the parties. 11 4 6. A placement made pursuant to an order entered under 11 5 this section shall be considered to be authorized through the 11 6 regional administrator of the respondent's county of residence. 11 7 Sec. 12. NEW SECTION. 222.103 Discharge and termination 11 8 of proceedings. 11 9 1. When the condition of a respondent committed under 11 10 section 222.101, subsection 1, is such that in the opinion 11 11 of the superintendent the respondent no longer requires 11 12 commitment, the superintendent shall tentatively discharge the 11 13 respondent and immediately report that fact to the court which 11 14 ordered the respondent's commitment. 11 15 2. Upon receiving the report, the court shall do either of 11 16 the following: 11 17 a. Issue an order confirming the respondent's discharge from 11 18 custody and terminating the proceeding pursuant to which the 11 19 order of commitment was issued. 11 20 b. Review the order committing the respondent. If the court 11 21 reviews the order of commitment and continues the commitment, 11 22 the court must find that the requirements for commitment under 11 23 section 222.101, subsection 1, continue to apply. 11 24 Sec. 13. NEW SECTION. 222.104 Escape from custody. 11 25 A person who is committed to a state resource center or 11 26 public or private facility under section 222.99 or 222.101 11 27 shall remain at the state resource center or public or private 11 28 facility unless discharged or otherwise permitted to leave by 11 29 the court, the superintendent of the state resource center, 11 30 or the administrator of the public or private facility. If a 11 31 person placed at a state resource center or public or private 11 32 facility leaves the state resource center or public or private 11 33 facility without having been discharged or without permission, 11 34 the superintendent or person in charge of the public or private 11 35 facility may notify the sheriff of the person's absence and 12 1 the sheriff shall take the person into custody and return the 12 2 person promptly to the state resource center or public or 12 3 private facility. 12 4 Sec. 14. NEW SECTION. 222.105 Status of respondent during 12 5 appeal. 12 6 If a respondent appeals to the supreme court from a finding 12 7 that sustains the contention that the respondent is a person 12 8 with an intellectual disability who presents a danger to self 12 9 or others, and the respondent was previously ordered taken 12 10 into immediate custody under section 222.99 or has been placed 12 11 in a state resource center or public or private facility for 12 12 appropriate treatment under section 222.101 before the court is 12 13 informed of intent to appeal its finding, the respondent shall 12 14 remain in custody as previously ordered by the court, the time 12 15 limit stated in section 222.99 notwithstanding, or shall remain 12 16 in the state resource center or public or private facility, 12 17 subject to compliance by the state resource center or public or 12 18 private facility with sections 222.101 through 222.104, as the 12 19 case may be, unless the supreme court orders otherwise. If a 12 20 respondent appeals to the supreme court regarding a placement 12 21 order, the respondent shall remain in placement unless the 12 22 supreme court orders otherwise. 12 23 Sec. 15. NEW SECTION. 222.106 Status of respondent if 12 24 commitment is delayed. 12 25 When the court directs that a respondent who was previously 12 26 ordered taken into immediate custody under section 222.99 12 27 be placed in a state resource center or public or private 12 28 facility for appropriate treatment under section 222.101, and 12 29 no suitable state resource center or public or private facility 12 30 can immediately admit the respondent, the respondent shall 12 31 remain in custody as previously ordered by the court, the 12 32 time limit stated in section 222.99 notwithstanding, until a 12 33 suitable state resource center or public or private facility 12 34 can admit the respondent. The court shall take appropriate 12 35 steps to expedite the admission of the respondent to a suitable 13 1 state resource center or public or private facility at the 13 2 earliest feasible time. 13 3 Sec. 16. NEW SECTION. 222.107 Commitment ==== emergency 13 4 procedure. 13 5 1. The procedure prescribed by this section shall be used 13 6 when it appears that a person should be immediately detained 13 7 because the respondent is a person with an intellectual 13 8 disability who presents a danger to self or others and an 13 9 application has not been filed naming the person as the 13 10 respondent pursuant to section 222.93 or the person cannot be 13 11 ordered into immediate custody and detained pursuant to section 13 12 222.99. 13 13 2. a. (1) In the circumstances described in subsection 13 14 1, any peace officer who has reasonable grounds to believe 13 15 that a person believed to have an intellectual disability 13 16 who presents a danger to self or others if not immediately 13 17 detained, may without a warrant take or cause that person to 13 18 be taken to the nearest available state resource center or 13 19 public or private facility as described in section 222.99, 13 20 subsection 1, paragraph "b" or "c". A person believed to have 13 21 an intellectual disability who presents a danger to self or 13 22 others if not immediately detained may be delivered to a state 13 23 resource center or public or private facility by someone other 13 24 than a peace officer. 13 25 (2) Upon delivery of the person believed to have an 13 26 intellectual disability who presents a danger to self or others 13 27 to the state resource center or public or private facility, 13 28 the examining physician or examining psychologist may order 13 29 treatment of the person, including chemotherapy, but only 13 30 to the extent necessary to preserve the person's life or to 13 31 appropriately control behavior by the person which is likely to 13 32 result in physical injury to that person or others if allowed 13 33 to continue. 13 34 (3) The peace officer who took the person into custody, 13 35 or other party who brought the person to the state resource 14 1 center or public or private facility, shall describe the 14 2 circumstances of the matter to the examining physician or 14 3 examining psychologist. If the person is a peace officer, the 14 4 peace officer may do so either in person or by written report. 14 5 (4) If the examining physician or examining psychologist 14 6 finds that there is reason to believe that the person is a 14 7 person with an intellectual disability who presents a danger 14 8 to self or others if not immediately detained, the examining 14 9 physician or examining psychologist shall at once communicate 14 10 with the nearest available magistrate as defined in section 14 11 801.4. 14 12 (5) The magistrate shall, based upon the circumstances 14 13 described by the examining physician or examining psychologist, 14 14 give the examining physician or examining psychologist 14 15 oral instructions either directing that the person be 14 16 released forthwith or authorizing the person's detention in 14 17 an appropriate state resource center or public or private 14 18 facility. A peace officer from the law enforcement agency 14 19 that took the person into custody, if available, during the 14 20 communication with the magistrate, may inform the magistrate 14 21 that an arrest warrant has been issued for or charges are 14 22 pending against the person and request that any oral or 14 23 written order issued under this subsection require the state 14 24 resource center or public or private facility to notify the law 14 25 enforcement agency about the discharge of the person prior to 14 26 discharge. The magistrate may also give oral instructions and 14 27 order that the detained person be transported to an appropriate 14 28 state resource center or public or private facility. 14 29 b. If the magistrate orders that the person be detained, 14 30 the magistrate shall, by the close of business on the next 14 31 working day, file a written order with the clerk in the county 14 32 where it is anticipated that an application may be filed under 14 33 section 222.93. The order may be filed electronically if 14 34 necessary. A peace officer from the law enforcement agency 14 35 that took the person into custody, if no request was made under 15 1 paragraph "a", may inform the magistrate that an arrest warrant 15 2 has been issued for or charges are pending against the person 15 3 and request that any written order issued under this paragraph 15 4 require the state resource center or public or private facility 15 5 to notify the law enforcement agency about the discharge of 15 6 the person prior to discharge. The order shall state the 15 7 circumstances under which the person was taken into custody 15 8 or otherwise brought to a state resource center or public or 15 9 private facility, and the grounds supporting the finding of 15 10 probable cause to believe that the person is a person with 15 11 an intellectual disability who presents a danger to self or 15 12 others if not immediately detained. The order shall also 15 13 include any law enforcement agency notification requirements 15 14 if applicable. The written order shall confirm the oral order 15 15 authorizing the person's detention including any order given to 15 16 transport the person to an appropriate state resource center 15 17 or public or private facility. A peace officer from the law 15 18 enforcement agency that took the person into custody may also 15 19 request an order, separate from the written order, requiring 15 20 the state resource center or public or private facility to 15 21 notify the law enforcement agency about the discharge of the 15 22 person prior to discharge. The clerk shall provide a copy of 15 23 the written order or any separate order to the superintendent 15 24 of the state resource center or the administrator of the public 15 25 or private facility to which the person was originally taken, 15 26 to any subsequent state resource center or public or private 15 27 facility to which the person was transported, and to any law 15 28 enforcement agency or ambulance service that transported the 15 29 person pursuant to the magistrate's order. 15 30 c. If an arrest warrant has been issued for or charges are 15 31 pending against the person, but no court order exists requiring 15 32 notification to a law enforcement agency under paragraph "a" or 15 33 "b", and if the peace officer delivers the person to a state 15 34 resource center or public or private facility and the peace 15 35 officer notifies the state resource center or public or private 16 1 facility in writing on a form prescribed by the department 16 2 of public safety that the state resource center or public or 16 3 private facility is required to notify the law enforcement 16 4 agency about the discharge of the person prior to discharge, 16 5 the state resource center or public or private facility shall 16 6 do all of the following: 16 7 (1) Notify the dispatch of the law enforcement agency that 16 8 employs the peace officer by telephone prior to the discharge 16 9 of the person from the state resource center or public or 16 10 private facility. 16 11 (2) Notify the law enforcement agency that employs the peace 16 12 officer by electronic mail prior to the discharge of the person 16 13 from the state resource center or public or private facility. 16 14 3. The superintendent of a state resource center or the 16 15 administrator of the public or private facility shall examine 16 16 and may detain and care for the person taken into custody under 16 17 the magistrate's order for a period not to exceed forty=eight 16 18 hours from the time such order is dated, excluding Saturdays, 16 19 Sundays, and holidays, unless the order is sooner dismissed by 16 20 a magistrate. The state resource center or public or private 16 21 facility may provide treatment which is necessary to preserve 16 22 the person's life, or to appropriately control behavior by the 16 23 person which is likely to result in physical injury to the 16 24 person's self or others if allowed to continue, but shall not 16 25 otherwise provide treatment to the person without the person's 16 26 consent. The person shall be discharged from the state 16 27 resource center or public or private facility and released from 16 28 custody not later than the expiration of that period, unless an 16 29 application is sooner filed with the clerk pursuant to section 16 30 222.93. Prior to such discharge, the state resource center or 16 31 public or private facility shall, if required by this section, 16 32 notify the law enforcement agency requesting such notification 16 33 about the discharge of the person. The law enforcement 16 34 agency shall retrieve the person no later than six hours after 16 35 notification from the state resource center or public or 17 1 private facility but in no circumstances shall the detention of 17 2 the person exceed the period of time prescribed for detention 17 3 by this subsection. The detention of a person by the procedure 17 4 and not in excess of the period of time prescribed by this 17 5 section shall not render the peace officer, physician, state 17 6 resource center, or public or private facility so detaining the 17 7 person liable in a criminal or civil action for false arrest 17 8 or false imprisonment if the peace officer, physician, state 17 9 resource center, or public or private facility had reasonable 17 10 grounds to believe the person so detained was a person with an 17 11 intellectual disability and likely to physically injure the 17 12 person's self or others if not immediately detained, or if 17 13 the state resource center or public or private facility was 17 14 required to notify a law enforcement agency by this section, 17 15 and the law enforcement agency requesting notification prior to 17 16 discharge retrieved the person no later than six hours after 17 17 the notification, and the detention prior to the retrieval of 17 18 the person did not exceed the period of time prescribed for 17 19 detention by this subsection. 17 20 4. The cost of placement of a person detained temporarily by 17 21 the procedure prescribed in this section shall be paid by the 17 22 procedure prescribed in sections 222.50 and 222.60. 17 23 5. The department of public safety shall prescribe the form 17 24 to be used when a law enforcement agency desires notification 17 25 under this section from a state resource center or public or 17 26 private facility prior to discharge of a person admitted to 17 27 the state resource center or public or private facility and 17 28 for whom an arrest warrant has been issued or against whom 17 29 charges are pending. The form shall be consistent with all 17 30 laws, regulations, and rules relating to the confidentiality or 17 31 privacy of personal information or medical records, including 17 32 but not limited to the federal Health Insurance Portability 17 33 and Accountability Act of 1996, Pub. L. No. 104=191, and 17 34 regulations promulgated in accordance with that Act and 17 35 published in 45 C.F.R. pts. 160=164. 18 1 6. A state resource center or public or private facility, 18 2 which has been notified by a peace officer or a law enforcement 18 3 agency by delivery of a form as prescribed by the department of 18 4 public safety indicating that an arrest warrant has been issued 18 5 for or charges are pending against a person admitted to the 18 6 state resource center or public or private facility, that does 18 7 not notify the law enforcement agency about the discharge of 18 8 the person as required by subsection 2, paragraph "c", shall pay 18 9 a civil penalty as provided in section 805.8C, subsection 9. 18 10 Sec. 17. NEW SECTION. 222.108 Records of involuntary 18 11 commitment proceeding to be confidential. 18 12 1. All papers and records pertaining to any involuntary 18 13 commitment ordered under this chapter or application filed 18 14 pursuant to section 222.93 of any person, whether part of the 18 15 permanent record of the court or of a file in the department of 18 16 human services, are subject to inspection only upon an order of 18 17 the court for good cause shown. 18 18 2. If authorized in writing by a person who has been the 18 19 subject of any involuntary proceeding under this chapter, or by 18 20 the parent or guardian of the person, information regarding the 18 21 person which is confidential under subsection 1 may be released 18 22 to any other designated person. 18 23 3. If all or part of the costs associated with the 18 24 commitment of a person under this chapter are chargeable to a 18 25 county of residence, the clerk shall provide to the regional 18 26 administrator for the county of residence and to the regional 18 27 administrator for the county in which the commitment order is 18 28 entered the following information pertaining to the person 18 29 which would be confidential under subsection 1: 18 30 a. Administrative information, as defined in section 228.1. 18 31 b. An examination order under this chapter and the location 18 32 of the person's placement under the order. 18 33 c. A commitment or placement order under this chapter and 18 34 the location of the person's placement under the order. 18 35 d. The date, location, and disposition of any hearing 19 1 concerning the person held under this chapter. 19 2 e. Any payment source available for the costs of the 19 3 person's care. 19 4 4. This section shall not prohibit any of the following: 19 5 a. A public or private facility from complying with 19 6 the requirements of this chapter relative to financial 19 7 responsibility for the cost of care and treatment provided or 19 8 from properly billing any responsible relative or third=party 19 9 payer for such care or treatment. 19 10 b. A court or the department of public safety from 19 11 forwarding to the federal bureau of investigation information 19 12 that a person has been disqualified from possessing, shipping, 19 13 transporting, or receiving a firearm pursuant to section 19 14 724.31. 19 15 Sec. 18. NEW SECTION. 222.109 Medical records to be 19 16 confidential ==== exceptions. 19 17 1. a. The records maintained by a state resource center 19 18 or public or private facility relating to the examination, 19 19 custody, care, and treatment of any person in that state 19 20 resource center or public or private facility pursuant to this 19 21 chapter shall be confidential, except that the superintendent 19 22 of a state resource center or the administrator of a public or 19 23 private facility shall release appropriate information under 19 24 any of the following circumstances: 19 25 (1) The information is requested by a physician, attorney, 19 26 or advocate who provides the superintendent of a state resource 19 27 center or the administrator of a public or private facility 19 28 with a written waiver signed by the person about whom the 19 29 information is sought. 19 30 (2) The information is sought by a court order. 19 31 (3) The person who is committed or that person's guardian, 19 32 if the person is a minor or is not legally competent to do so, 19 33 signs an informed consent to release information. Each signed 19 34 consent shall designate specifically the person or agency to 19 35 whom the information is to be sent, and the information may be 20 1 released only to that person or agency. 20 2 b. Such records may be released by the superintendent of 20 3 a state resource center or the administrator of a public or 20 4 private facility when requested for the purpose of research 20 5 into the causes, incidence, nature, and treatment of persons 20 6 with an intellectual disability who present a danger to self 20 7 or others; however, information shall not be provided in a way 20 8 that discloses patients' names or which otherwise discloses any 20 9 patient's identity. 20 10 2. When the superintendent of a state resource center or the 20 11 administrator of a public or private facility deems it to be 20 12 in the best interest of the patient and the patient's next of 20 13 kin to do so, the superintendent or administrator may release 20 14 appropriate information during a consultation which the state 20 15 resource center or public or private facility shall arrange 20 16 with the next of kin of a voluntary or involuntary patient, if 20 17 requested by the patient's next of kin. 20 18 Sec. 19. NEW SECTION. 222.110 Exclusive procedure for 20 19 involuntary commitment. 20 20 Sections 222.93 through 222.107 constitute the exclusive 20 21 procedure for involuntary commitment of a person if there 20 22 is reason to believe that the person is a person with an 20 23 intellectual disability who presents a danger to self or others 20 24 in this state, except that this chapter does not negate the 20 25 provisions of section 904.503 relating to transfer of prisoners 20 26 with mental illness to state hospitals for persons with mental 20 27 illness and does not apply to commitments of persons under 20 28 chapter 812 or the rules of criminal procedure, Iowa court 20 29 rules, or negate the provisions of section 232.51 relating to 20 30 disposition of children with mental illness or an intellectual 20 31 disability. 20 32 Sec. 20. NEW SECTION. 222.111 Rules for proceedings. 20 33 The supreme court may prescribe rules of pleading, practice, 20 34 and procedure and the forms of process, writs, and notices 20 35 under section 602.4201, for all commitment proceedings in 21 1 a court of this state under this chapter. The rules shall 21 2 be drawn for the purpose of simplifying and expediting the 21 3 proceedings, so far as is consistent with the rights of the 21 4 parties involved. The rules shall not abridge, enlarge, or 21 5 modify the substantive rights of a party to a commitment 21 6 proceeding under this chapter. 21 7 Sec. 21. Section 331.653, subsection 23, Code 2017, is 21 8 amended to read as follows: 21 9 23. Carry out duties relating to the involuntary 21 10 hospitalization of persons with mental illness as provided 21 11 in sections 229.7 and 229.11 and carry out duties related to 21 12 the involuntary commitment of persons with an intellectual 21 13 disability who present a danger to self or others as provided 21 14 in sections 222.94 and 222.99. 21 15 Sec. 22. Section 602.4201, subsection 3, Code 2017, is 21 16 amended by adding the following new paragraph: 21 17 NEW PARAGRAPH. i. Involuntary commitment of persons with an 21 18 intellectual disability who present a danger to self or others. 21 19 Sec. 23. Section 805.8C, subsection 9, Code 2017, is amended 21 20 to read as follows: 21 21 9. Notification violations. For violations of section 21 22 222.107, subsection 6, and section 229.22, subsection 6, the 21 23 scheduled fine is one thousand dollars for a first violation 21 24 and two thousand dollars for a second or subsequent violation. 21 25 The scheduled fine under this subsection is a civil penalty, 21 26 and the criminal penalty surcharge under section 911.1 shall 21 27 not be added to the penalty. 21 28 EXPLANATION 21 29 The inclusion of this explanation does not constitute agreement with 21 30 the explanation's substance by the members of the general assembly. 21 31 This bill relates to the involuntary commitment of a person 21 32 with an intellectual disability who presents a danger to self 21 33 or others. 21 34 INVOLUNTARY COMMITMENT APPLICATION ==== PERSON WITH 21 35 INTELLECTUAL DISABILITY ==== DANGER TO SELF OR OTHERS. The bill 22 1 provides that any interested person may file an involuntary 22 2 commitment application for a person with an intellectual 22 3 disability who presents a danger to self or others with the 22 4 clerk of the district court of the county where the respondent 22 5 is presently located or which is the respondent's place of 22 6 residence. The application must contain information that the 22 7 respondent is a person with an intellectual disability who, 22 8 due to the person's intellectual disability, presents a danger 22 9 to self or others. The application must also be supported 22 10 by a written statement of a physician or psychologist in 22 11 support of the application; one or more supporting affidavits 22 12 otherwise corroborating the application; or other corroborative 22 13 information, if necessary. Intellectual disability is defined 22 14 in Code section 4.1 as a disability of children and adults 22 15 who as a result of inadequately developed intelligence have 22 16 a significant impairment in ability to learn or to adapt to 22 17 the demands of society, and, if a diagnosis is required, 22 18 intellectual disability means a diagnosis of mental retardation 22 19 as defined in the diagnostic and statistical manual of mental 22 20 disorders, fourth edition, text revised, published by the 22 21 American psychiatric association. Danger to self or others 22 22 is defined in the bill as a condition of a person with an 22 23 intellectual disability who, because of that intellectual 22 24 disability, is likely to physically injure the person's self 22 25 or others if allowed to remain at liberty without treatment; 22 26 is likely to inflict serious emotional injury on the person's 22 27 family or others who lack a reasonable opportunity to avoid 22 28 contact with the person if the person is allowed to remain at 22 29 liberty without treatment; or is unable to fulfill the basic 22 30 needs of the person including but not limited to nourishment, 22 31 clothing, essential medical care, or shelter so that it is 22 32 likely that the person will suffer physical injury, physical 22 33 debilitation, or death. 22 34 JUVENILES ==== JURISDICTION. The bill provides that the 22 35 juvenile court has exclusive original jurisdiction in 23 1 proceedings concerning a minor for whom an application is filed 23 2 under the bill. 23 3 PROCEDURE AFTER APPLICATION FILED. The bill provides that, 23 4 as soon as practicable after the filing of an application, the 23 5 court is required to determine whether the respondent has an 23 6 attorney and if not, whether the respondent is financially able 23 7 to employ an attorney and capable of meaningfully assisting in 23 8 selecting one. If the respondent is financially unable to pay 23 9 an attorney, the attorney shall be compensated by the county 23 10 at an hourly rate to be established by the mental health and 23 11 disability services region. The court is also required to 23 12 send copies of the application to the county attorney, issue 23 13 a written order setting a time and place for a commitment 23 14 hearing, which shall be at the earliest practicable time not 23 15 less than 48 hours after notice to the respondent, unless 23 16 the respondent waives the notice requirement, and order an 23 17 examination of the respondent, prior to the hearing by one or 23 18 more physicians or psychologists. 23 19 EXAMINATION. The bill provides that the respondent shall 23 20 be examined by one or more physicians or psychologists, as 23 21 required by the court's order, within a reasonable time. If 23 22 the respondent is detained, the examination shall be conducted 23 23 within 24 hours or 48 hours depending upon the circumstances 23 24 of the detainment. The respondent may also request a separate 23 25 examination by a physician or psychologist of the respondent's 23 26 own choice. The reasonable cost of the examinations shall, if 23 27 the respondent lacks sufficient funds to pay the cost, be paid 23 28 by the regional administrator from mental health and disability 23 29 services upon order of the court. A physician or psychologist 23 30 conducting an examination may consult with or request a mental 23 31 health professional to participate in the examination. 23 32 EXAMINATION REPORT. A written report of the examination by 23 33 any physician or psychologist (court=designated or a physician 23 34 or psychologist chosen by the respondent) shall be filed with 23 35 the clerk of the district court prior to the time set for the 24 1 hearing and the clerk must provide the report or reports to the 24 2 judge and the respondent's attorney. 24 3 If the report of the court=designated physician or 24 4 psychologist concludes that the respondent is a person with an 24 5 intellectual disability who does not present a danger to self 24 6 or others, the court may terminate the commitment proceeding 24 7 and dismiss the application on its own motion and without 24 8 notice. If the report of the court=designated physician or 24 9 psychologist concludes that the respondent is a person with 24 10 an intellectual disability who presents a danger to self or 24 11 others, the court is required to schedule a hearing on the 24 12 application as soon as possible and not more than 48 hours 24 13 after the report is filed unless an extension for good cause is 24 14 shown. 24 15 IMMEDIATE CUSTODY. If the applicant requests that the 24 16 respondent be taken into immediate custody and the judge finds 24 17 probable cause to believe that the respondent is a person 24 18 with an intellectual disability and is likely to injure the 24 19 respondent's self or others if allowed to remain at liberty, 24 20 the judge may enter a written order directing that the 24 21 respondent be taken into immediate custody by the sheriff or 24 22 the sheriff's deputy and be detained until the commitment 24 23 hearing. In this case, the commitment hearing shall be held no 24 24 more than five days after the date of the order or on the next 24 25 succeeding business day. 24 26 If the expenses of a respondent are payable in whole or in 24 27 part by a mental health and disability services region, and the 24 28 respondent is placed in the custody of a relative, friend, or 24 29 other suitable person who is willing to accept responsibility 24 30 for supervision of the respondent, the court is required to 24 31 give notice of the placement to the regional administrator 24 32 for the respondent's county of residence. If the respondent 24 33 is placed in a suitable public or private facility within or 24 34 without the state, approved by the director of human services, 24 35 the court is required to order the placement in a public or 25 1 private facility designated through the regional administrator 25 2 for the respondent's county of residence. If neither of these 25 3 alternatives is available, the court may order the respondent 25 4 be placed in a state resource center or in a special unit. 25 5 COMMITMENT HEARING. At the commitment hearing, the 25 6 respondent's welfare is paramount and the hearing shall 25 7 be conducted in an informal manner consistent with orderly 25 8 procedure. Evidence in support of the contentions made in the 25 9 application is presented by the county attorney. During the 25 10 hearing, the applicant and the respondent have the opportunity 25 11 to testify and to cross=examine witnesses and the court may 25 12 receive the testimony of any other interested person. The 25 13 respondent has the right to be present at the hearing and the 25 14 court may admit persons having a legitimate interest to attend 25 15 the hearing. The court may exclude the respondent from the 25 16 hearing during the testimony of any particular witness if the 25 17 court determines that the witness's testimony is likely to 25 18 cause the respondent severe emotional trauma. There shall be 25 19 a presumption in favor of the respondent, and the burden of 25 20 evidence in support of the contentions made in the application 25 21 shall be upon the applicant. The physician or psychologist 25 22 who examined the respondent is required to be present at 25 23 the hearing unless the court for good cause finds that the 25 24 physician's or psychologist's presence is not necessary or the 25 25 physician's or psychologist's presence is waived. If upon 25 26 completion of the hearing the court finds that the contentions 25 27 that form the basis for the commitment hearing have not been 25 28 sustained by clear and convincing evidence, it shall deny the 25 29 application and terminate the proceeding. 25 30 COMMITMENT ORDER. The court shall commit the respondent to 25 31 the custody of the superintendent of a state resource center 25 32 for placement if it is established by clear and convincing 25 33 evidence that the respondent is a person with an intellectual 25 34 disability who presents a danger to self or others. 25 35 The superintendent is required to coordinate with the 26 1 regional administrator for the respondent's county of residence 26 2 in identifying any public or private facilities, either 26 3 within or without the state, which would be an appropriate 26 4 alternative to the continued placement of the respondent in the 26 5 state resource center. If an appropriate public or private 26 6 facility is available and is willing to accept placement of the 26 7 respondent, the superintendent may transfer the respondent to 26 8 that public or private facility. 26 9 The superintendent of a state resource center in 26 10 coordination with the regional administrator for the 26 11 respondent's county of residence may modify the placement of 26 12 the respondent as appropriate and shall report to the court any 26 13 changes in the placement of the respondent. 26 14 CONTESTED PLACEMENT ==== NOTICE AND HEARING. The regional 26 15 administrator of the respondent's county of residence or the 26 16 respondent may challenge the superintendent's placement of 26 17 the respondent. A placement hearing shall be held no sooner 26 18 than four days and no later than seven days after the request 26 19 for the placement hearing is filed unless otherwise agreed 26 20 to by the parties. The respondent may be transferred to the 26 21 placement designated by the superintendent unless a request for 26 22 hearing is filed prior to the transfer. If the request for a 26 23 placement hearing is filed prior to the transfer, the court 26 24 shall order where the respondent shall be detained until the 26 25 date of the hearing. In a placement hearing, the court shall 26 26 order a placement for the respondent taking into consideration 26 27 the evidence presented by all the parties. A placement made 26 28 pursuant to an order entered under this provision shall be 26 29 considered to be authorized through the regional administrator 26 30 of the respondent's county of residence. 26 31 DISCHARGE AND TERMINATION OF PROCEEDINGS. When the 26 32 condition of a committed respondent is such that in the 26 33 opinion of the superintendent the respondent no longer requires 26 34 commitment, the superintendent shall tentatively discharge the 26 35 respondent and immediately report that fact to the court which 27 1 ordered the respondent's commitment and the court may issue an 27 2 order confirming the respondent's discharge from custody and 27 3 terminating the proceeding or continue the commitment if the 27 4 court finds the requirements for commitment continue to apply. 27 5 ESCAPE FROM CUSTODY. If a person placed at a state resource 27 6 center or public or private facility leaves the state resource 27 7 center or public or private facility without having been 27 8 discharged or without permission, the superintendent or person 27 9 in charge of the public or private facility may notify the 27 10 sheriff of the person's absence and the sheriff shall take the 27 11 person into custody and return the person promptly to the state 27 12 resource center or public or private facility. 27 13 STATUS OF RESPONDENT DURING APPEAL. If a respondent appeals 27 14 to the Iowa supreme court from a finding that the contention 27 15 that the respondent is a person with an intellectual disability 27 16 who presents a danger to self or others has been sustained, 27 17 and the respondent was previously ordered taken into immediate 27 18 custody or has been placed in a state resource center or public 27 19 or private facility for appropriate treatment before the court 27 20 is informed of intent to appeal its finding, the respondent 27 21 shall remain in custody or shall remain in the state resource 27 22 center or public or private facility unless the supreme court 27 23 orders otherwise. If a respondent appeals to the supreme court 27 24 regarding a placement order, the respondent shall remain in 27 25 placement unless the supreme court orders otherwise. 27 26 STATUS OF RESPONDENT IF COMMITMENT DELAYED. When the court 27 27 directs that a respondent who was previously ordered taken 27 28 into immediate custody be placed in a state resource center or 27 29 public or private facility for appropriate treatment and no 27 30 suitable state resource center or public or private facility 27 31 can immediately admit the respondent, the respondent shall 27 32 remain in custody as previously ordered by the court until a 27 33 suitable state resource center or public or private facility 27 34 can admit the respondent. 27 35 EMERGENCY COMMITMENT ==== PROCEDURE. The bill provides 28 1 an emergency commitment procedure for a situation where a 28 2 person should be immediately detained due to the person having 28 3 an intellectual disability and presenting a danger to self 28 4 or others if an application has not been filed naming the 28 5 person as the respondent or the person cannot be ordered into 28 6 immediate custody and detained. 28 7 A peace officer or someone other than a peace officer who has 28 8 reasonable grounds to believe that a person has an intellectual 28 9 disability and presents a danger to self or others if not 28 10 immediately detained, may without a warrant take or cause that 28 11 person to be taken to the nearest available state resource 28 12 center or public or private facility. Upon delivery of the 28 13 person to the state resource center or a public or private 28 14 facility, the examining physician or examining psychologist may 28 15 order emergency treatment of that person. If the examining 28 16 physician or examining psychologist finds that there is reason 28 17 to believe that the person is a person with an intellectual 28 18 disability who presents a danger to self or others if not 28 19 immediately detained, the examining physician or examining 28 20 psychologist shall at once communicate with the nearest 28 21 available magistrate who shall, based upon the circumstances 28 22 described by the examining physician or examining psychologist, 28 23 give the examining physician or examining psychologist oral 28 24 instructions either directing that the person be released or 28 25 authorizing the person's detention in an appropriate state 28 26 resource center or public or private facility. 28 27 A peace officer from the law enforcement agency that took the 28 28 person into custody may inform the magistrate who ordered that 28 29 the person be detained that an arrest warrant has been issued 28 30 for or charges are pending against the person and request that 28 31 any written order issued require the state resource center 28 32 or public or private facility to notify the law enforcement 28 33 agency about the discharge of the person prior to discharge. 28 34 A peace officer from the law enforcement agency that took 28 35 the person into custody may also request an order, separate 29 1 from the written order, requiring the state resource center 29 2 or public or private facility to notify the law enforcement 29 3 agency about the discharge of the person prior to discharge. 29 4 The clerk shall provide a copy of the written order or any 29 5 separate order to the superintendent of the state resource 29 6 center or the administrator of the public or private facility 29 7 to which the person was originally taken, to any subsequent 29 8 state resource center or public or private facility to which 29 9 the person was transported, and to any law enforcement agency 29 10 or ambulance service that transported the person pursuant to 29 11 the magistrate's order. 29 12 The superintendent of a state resource center or the 29 13 administrator of the public or private facility shall examine 29 14 and may detain and care for the person taken into custody under 29 15 the magistrate's order for a period not to exceed 48 hours 29 16 from the time such order is dated unless dismissed earlier by 29 17 a magistrate. The state resource center or public or private 29 18 facility may provide treatment which is necessary to preserve 29 19 the person's life, or to appropriately control behavior by the 29 20 person which is likely to result in physical injury to the 29 21 person's self or others if allowed to continue, but shall not 29 22 otherwise provide treatment to the person without the person's 29 23 consent. The person shall be discharged from the state 29 24 resource center or public or private facility and released from 29 25 custody not later than the expiration of that period, unless an 29 26 application for involuntary commitment is filed. 29 27 Prior to such discharge, the state resource center or 29 28 public or private facility shall, if required, notify the law 29 29 enforcement agency requesting such notification about the 29 30 discharge of the person. The law enforcement agency shall 29 31 retrieve the person no later than six hours after notification 29 32 from the state resource center or public or private facility 29 33 but in no circumstances shall the detention of the person 29 34 exceed the period of time prescribed for detention. The 29 35 detention of a person by the procedure and not in excess of the 30 1 period of time prescribed shall not render the peace officer, 30 2 physician, state resource center, or public or private facility 30 3 so detaining the person liable in a criminal or civil action 30 4 for false arrest or false imprisonment if the peace officer, 30 5 physician, state resource center, or public or private facility 30 6 had reasonable grounds to believe the person so detained is a 30 7 person with an intellectual disability who presents a danger 30 8 to self or others if not immediately detained, or if the state 30 9 resource center or public or private facility was required 30 10 to notify a law enforcement agency, and the law enforcement 30 11 agency requesting notification prior to discharge retrieved the 30 12 person no later than six hours after the notification, and the 30 13 detention prior to the retrieval of the person did not exceed 30 14 the period of time prescribed for detention. A state resource 30 15 center or public or private facility properly notified that 30 16 does not notify the law enforcement agency about the discharge 30 17 of the person under the emergency commitment procedures in the 30 18 bill may be subject to a civil penalty. 30 19 RECORDS ==== CONFIDENTIALITY. The bill provides that all 30 20 papers and records pertaining to any involuntary commitment or 30 21 application of any person under the bill, whether part of the 30 22 permanent record of the court or of a file in the department 30 23 of human services, are subject to public inspection only upon 30 24 an order of the court for good cause shown or if authorized 30 25 by a person who has been the subject of any involuntary 30 26 proceeding under the bill or by the parent or guardian of that 30 27 person. Certain information relating to costs associated with 30 28 the commitment of a person under the bill may be released to 30 29 certain entities. 30 30 The bill further provides that the medical records 30 31 maintained by a state resource center or public or private 30 32 facility relating to the examination, custody, care, and 30 33 treatment of any person in that state resource center or 30 34 public or private facility shall be confidential, except for 30 35 requests by a physician, attorney, or advocate who provides the 31 1 superintendent of a state resource center or the administrator 31 2 of a public or private facility with a written waiver signed 31 3 by the person about whom the information is sought, a court 31 4 order, or through informed consent. Such medical records 31 5 may also be released by the superintendent of a state 31 6 resource center or the administrator of a public or private 31 7 facility when requested for the purpose of research into the 31 8 causes, incidence, nature, and treatment of persons with an 31 9 intellectual disability who present a danger to self or others. 31 10 EXCLUSIVE PROCEDURE. The bill provides the exclusive 31 11 procedure for involuntary commitment of persons with an 31 12 intellectual disability who present a danger to self or 31 13 others in this state, except that the bill does not negate 31 14 the provisions of Code section 904.503 relating to transfer 31 15 of prisoners with mental illness to state hospitals for 31 16 persons with mental illness and does not apply to commitments 31 17 of persons under Code chapter 812 or the rules of criminal 31 18 procedure, Iowa court rules, or negate the provisions of Code 31 19 section 232.51 relating to disposition of children with mental 31 20 illness or an intellectual disability. 31 21 MISCELLANEOUS. The bill contains provisions relating to 31 22 service of notice and supreme court rules of proceedings. 31 23 The bill makes conforming Code changes relating to the 31 24 duties of the sheriff, the authority of the supreme court 31 25 to prescribe rules governing actions and proceedings, and 31 26 miscellaneous scheduled violations. The bill also provides 31 27 related definitions. LSB 2470YH (3) 87 rh/rj
