HF 2347 (LSB 5624YH (5) 87)

HOUSE FILE 2347

BY  HEATON and BERGAN

A BILL FOR

An Act relating to the involuntary commitment or hospitalization of a person with a serious mental impairment or a substance-related disorder who is taken into immediate custody.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 125.81, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  If a respondent is detained pursuant to subsection 2, paragraph “b” or “c”, the court may include in the order entered pursuant to subsection 1 that if a licensed physician or mental health professional who has examined the respondent reclassifies the respondent’s level of care to a lower level of care, the licensed physician or mental health professional shall notify the court in writing within twenty-four hours of the reclassification.
    Sec. 2.  Section 229.11, Code 2018, is amended by adding the following new subsections:
   NEW SUBSECTION.  1A.  If a respondent is detained pursuant to subsection 1, paragraph “b” or “c”, the judge may include in the order entered pursuant to subsection 1 that if a licensed physician or mental health professional who has examined the respondent reclassifies the respondent’s level of care to a lower level of care, the licensed physician or mental health professional shall notify the court in writing within twenty-four hours of the reclassification.
   NEW SUBSECTION.  4.  The respondent’s attorney may be allowed by the court to present evidence and arguments prior to the court’s determination under this section. If such an opportunity is not provided at that time, the respondent’s attorney shall be allowed to present evidence and arguments after the issuance of the court’s order of confinement and while the respondent is confined.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to an emergency involuntary commitment or hospitalization of a person with a serious mental impairment or a substance-related disorder who is taken into immediate custody.
   The bill provides if a respondent who is the subject of a petition for involuntary commitment or treatment due to a substance-related disorder is detained in a suitable hospital or facility pursuant to an order for immediate custody, the judge may include in the order that if a licensed physician or mental health professional who has examined the respondent reclassifies the respondent’s level of care to a lower level of care, the licensed physician or mental health professional shall notify the court in writing within 24 hours of the reclassification.
   The bill provides that if a respondent who is the subject of a petition for involuntary hospitalization for a serious mental impairment is detained in a suitable hospital or facility pursuant to an order for immediate custody, the judge may include in the order that if a licensed physician or mental health professional who has examined the respondent reclassifies the respondent’s level of care to a lower level of care, the licensed physician or mental health professional shall notify the court in writing within 24 hours of the reclassification.
   Under current law, if a petition for involuntary hospitalization for a person with a serious mental impairment requests that the respondent who is the subject of the application be taken into immediate custody, the judge must review the petition and accompanying documentation. The bill provides the respondent’s attorney may be allowed by the court to present evidence and arguments prior to the court’s determination ordering the respondent into immediate custody. If such an opportunity is not provided at that time, the respondent’s attorney shall be allowed to present evidence and arguments after the issuance of the court’s order of confinement and while the respondent is confined.