SF 338 (LSB 1228SV (1) 88)

SENATE FILE 338

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1056)

A BILL FOR

An Act relating to the transfer of dangerous persons with mental illness from a hospital for persons with mental illness to the Iowa medical and classification center.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 226.30, Code 2019, is amended to read as follows:
   226.30  Transfer of dangerous patients.
   When a patient of any hospital for persons with mental illness becomes incorrigible, and unmanageable to such an extent that the patient is dangerous to the safety of others in the hospital, the administrator, with the consent of the director of the Iowa department of corrections, may apply in writing to the district court or to any judge thereof, of the county in which the hospital is situated, for an order to transfer the patient to the Iowa medical and classification center and if the order is granted the patient shall be so transferred. The county attorney of the county shall appear in support of the application on behalf of the administrator.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, when a patient of a state mental health institute in Iowa becomes incorrigible and unmanageable to such an extent that the patient is dangerous to the safety of others in the hospital, the administrator may apply to the court in writing for an order to transfer the patient to the Iowa medical and classification center. “Administrator” is defined as the person assigned by the director of human services to control the state mental health institutes.
   This bill amends current law to require the administrator to obtain the consent of the director of the Iowa department of corrections prior to applying for an order to transfer a patient to the Iowa medical and classification center.