Bill Text: IA SF513 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to persons experiencing a mental health crisis, substance-related disorder crisis, or housing crisis. (Formerly SF 395.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-05-23 - Signed by Governor. S.J. 896. [SF513 Detail]
Download: Iowa-2021-SF513-Enrolled.html
Senate
File
513
-
Enrolled
Senate
File
513
AN
ACT
RELATING
TO
PERSONS
EXPERIENCING
A
MENTAL
HEALTH
CRISIS,
SUBSTANCE-RELATED
DISORDER
CRISIS,
OR
HOUSING
CRISIS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
22.7,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5A.
a.
A
crisis
intervention
report
generated
by
a
law
enforcement
agency
regarding
a
person
experiencing
a
mental
health
crisis,
substance-related
disorder
crisis,
or
housing
crisis,
when
the
report
is
generated
for
the
specific
purpose
of
providing
crisis
intervention
information
to
assist
peace
officers
under
any
of
the
following
circumstances:
(1)
De-escalating
conflicts.
(2)
Referring
a
person
experiencing
a
mental
health
crisis,
substance-related
disorder
crisis,
or
housing
crisis
to
a
mental
health
treatment
provider,
substance-related
disorder
treatment
provider,
homeless
service
provider,
or
any
other
appropriate
service
provider.
Senate
File
513,
p.
2
b.
A
crisis
intervention
report
generated
for
the
purposes
of
this
subsection
shall
be
made
available
to
the
person
who
is
the
subject
of
the
report
upon
the
request
of
the
person
who
is
the
subject
of
the
report,
and
may
be
provided
to
a
mental
health
treatment
provider,
substance-related
disorder
treatment
provider,
homeless
service
provider,
or
any
other
appropriate
service
provider
in
connection
with
a
referral
for
services.
c.
Crisis
intervention
reports
generated
for
the
purposes
of
this
subsection
are
not
peace
officers’
investigative
reports
under
subsection
5.
d.
Notwithstanding
other
provisions
of
this
subsection,
the
date,
time,
specific
location,
and
immediate
facts
and
circumstances
surrounding
a
crime
or
incident
shall
not
be
kept
confidential
under
this
subsection,
except
where
disclosure
would
pose
a
clear
and
present
danger
to
the
safety
of
the
person
subject
to
the
crisis
intervention
report
or
the
safety
of
others.
e.
For
the
purposes
of
this
subsection:
(1)
“Crisis
intervention
report”
or
“report”
means
a
report
generated
by
a
law
enforcement
agency
using
a
prescribed
form
created
by
the
department
of
justice
to
record
the
following
information
relevant
to
assess
the
nature
of
a
crisis:
(a)
Any
biological
or
chemical
causes
of
the
crisis.
(b)
Any
observed
demeanors
and
behaviors
of
the
person
experiencing
the
crisis.
(c)
Persons
notified
in
relation
to
the
crisis.
(d)
Whether
suicide
or
injuries
occurred
in
relation
to
the
crisis
and
the
extent
of
those
injuries.
(e)
Whether
weapons
were
involved
in
the
crisis
and
a
description
of
the
weapon.
(f)
The
disposition
of
the
crisis
intervention
and
any
crime
committed.
(2)
“Housing
crisis”
means
a
situation
where
a
person
is
experiencing
homelessness,
a
lack
of
adequate
or
safe
housing,
or
is
in
imminent
danger
of
homelessness
or
lack
of
adequate
or
safe
housing.
Sec.
2.
Section
125.2,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
11A.
“Magistrate”
means
the
same
as
defined
Senate
File
513,
p.
3
in
section
801.4,
subsection
10.
Sec.
3.
Section
125.91,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
a.
A
peace
officer
who
has
reasonable
grounds
to
believe
that
the
circumstances
described
in
subsection
1
are
applicable
may,
without
a
warrant,
take
or
cause
that
person
to
be
taken
to
the
nearest
available
facility
referred
to
in
section
125.81,
subsection
2
,
paragraph
“b”
or
“c”
.
Such
a
person
with
a
substance-related
disorder
due
to
intoxication
or
substance-induced
incapacitation
who
also
demonstrates
a
significant
degree
of
distress
or
dysfunction
may
also
be
delivered
to
a
facility
by
someone
other
than
a
peace
officer
upon
a
showing
of
reasonable
grounds.
Upon
delivery
of
the
person
to
a
facility
under
this
section
,
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
may
order
treatment
of
the
person,
but
only
to
the
extent
necessary
to
preserve
the
person’s
life
or
to
appropriately
control
the
person’s
behavior
if
the
behavior
is
likely
to
result
in
physical
injury
to
the
person
or
others
if
allowed
to
continue.
The
peace
officer
or
other
person
who
delivered
the
person
to
the
facility
shall
describe
the
circumstances
of
the
matter
to
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon.
If
the
person
is
a
peace
officer,
the
peace
officer
may
do
so
either
in
person
or
by
written
report.
b.
If
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
has
reasonable
grounds
to
believe
that
the
circumstances
in
subsection
1
are
applicable,
the
facility
shall
have
the
authority
to
detain
the
person
for
a
period
of
no
longer
than
twelve
hours.
Within
twelve
hours
of
detaining
a
person
pursuant
to
this
section,
the
attending
physician
shall
at
once
communicate
with
the
nearest
available
magistrate
as
defined
in
section
801.4,
subsection
10
.
c.
The
Once
contacted
pursuant
to
paragraph
“b”
,
the
magistrate
shall,
based
upon
the
circumstances
described
by
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
give
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
oral
instructions
either
directing
that
the
person
be
released
forthwith,
or
authorizing
the
person’s
detention
in
an
appropriate
facility.
The
Senate
File
513,
p.
4
magistrate
may
also
give
oral
instructions
and
order
that
the
detained
person
be
transported
to
an
appropriate
facility.
b.
d.
If
the
magistrate
orders
that
the
person
be
detained,
the
magistrate
shall,
by
the
close
of
business
on
the
next
working
day,
file
a
written
order
with
the
clerk
in
the
county
where
it
is
anticipated
that
an
application
may
be
filed
under
section
125.75
.
The
order
may
be
filed
by
facsimile
if
necessary.
The
order
shall
state
the
circumstances
under
which
the
person
was
taken
into
custody
or
otherwise
brought
to
a
facility
and
the
grounds
supporting
the
finding
of
probable
cause
to
believe
that
the
person
is
a
person
with
a
substance-related
disorder
likely
to
result
in
physical
injury
to
the
person
or
others
if
not
detained.
The
order
shall
confirm
the
oral
order
authorizing
the
person’s
detention
including
any
order
given
to
transport
the
person
to
an
appropriate
facility.
The
clerk
shall
provide
a
copy
of
that
order
to
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
at
the
facility
to
which
the
person
was
originally
taken,
any
subsequent
facility
to
which
the
person
was
transported,
and
to
any
law
enforcement
department
or
ambulance
service
that
transported
the
person
pursuant
to
the
magistrate’s
order.
Sec.
4.
Section
229.1,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
8A.
“Magistrate”
means
the
same
as
defined
in
section
801.4,
subsection
10.
Sec.
5.
Section
229.22,
subsection
2,
paragraph
a,
subparagraphs
(4)
and
(5),
Code
2022,
are
amended
to
read
as
follows:
(4)
(a)
If
the
examining
physician,
examining
physician
assistant,
examining
mental
health
professional,
or
examining
psychiatric
advanced
registered
nurse
practitioner
finds
that
there
is
reason
to
believe
that
the
person
is
seriously
mentally
impaired,
and
because
of
that
impairment
is
likely
to
physically
injure
the
person’s
self
or
others
if
not
immediately
detained,
the
facility
shall
have
the
authority
to
detain
the
person
for
a
period
of
no
longer
than
twelve
hours.
Within
twelve
hours
of
detaining
a
person
pursuant
to
this
section,
the
examining
physician,
examining
physician
Senate
File
513,
p.
5
assistant,
examining
mental
health
professional,
or
examining
psychiatric
advanced
registered
nurse
practitioner
shall
at
once
communicate
with
the
nearest
available
magistrate
as
defined
in
section
801.4,
subsection
10
.
(5)
(b)
The
Once
contacted
pursuant
to
subparagraph
division
(a),
the
magistrate
shall,
based
upon
the
circumstances
described
by
the
examining
physician,
examining
physician
assistant,
examining
mental
health
professional,
or
examining
psychiatric
advanced
registered
nurse
practitioner,
give
the
examining
physician,
examining
physician
assistant,
examining
mental
health
professional,
or
examining
psychiatric
advanced
registered
nurse
practitioner
oral
instructions
either
directing
that
the
person
be
released
forthwith
or
authorizing
the
person’s
detention
in
an
appropriate
facility.
A
peace
officer
from
the
law
enforcement
agency
that
took
the
person
into
custody,
if
available,
during
the
communication
with
the
magistrate,
may
inform
the
magistrate
that
an
arrest
warrant
has
been
issued
for
or
charges
are
pending
against
the
person
and
request
that
any
oral
or
written
order
issued
under
this
subsection
require
the
facility
or
hospital
to
notify
the
law
enforcement
agency
about
the
discharge
of
the
person
prior
to
discharge.
The
magistrate
may
also
give
oral
instructions
and
order
that
the
detained
person
be
transported
to
an
appropriate
facility.
Sec.
6.
Section
331.910,
subsection
3,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
a.
A
region
may
contract
with
a
receiving
agency
in
a
bordering
state
to
secure
substance
abuse
or
mental
health
care
and
treatment
under
this
subsection
for
persons
who
receive
substance
abuse
or
mental
health
care
and
treatment
pursuant
to
section
125.33
or
,
125.91,
229.2
,
or
229.22
through
a
region.
Sec.
7.
Section
331.910,
subsection
4,
paragraphs
a
and
b,
Code
2022,
are
amended
to
read
as
follows:
a.
A
person
who
is
detained,
committed,
or
placed
on
an
involuntary
basis
under
section
125.75
or
,
125.91,
229.6
,
or
229.22
may
be
civilly
committed
and
treated
in
another
state
pursuant
to
a
contract
under
this
subsection
.
b.
A
person
who
is
detained,
committed,
or
placed
on
an
involuntary
basis
under
the
civil
commitment
laws
of
a
Senate
File
513,
p.
6
bordering
state
substantially
similar
to
section
125.75
or
,
125.91,
229.6
,
or
229.22
may
be
civilly
committed
and
treated
in
this
state
pursuant
to
a
contract
under
this
subsection
.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
513,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
