Text: HF00337 Text: HF00339 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 229.4, subsection 3, Code 1995, is 1 2 amended to read as follows: 1 3 3. If the chief medical officer of the hospital, not later 1 4 than the end of the next secular day on which the office of 1 5 the clerk of the district court for the county in which the 1 6 hospital is located is open and which follows the submission 1 7 of the written request for release of the patient, files with 1 8 that clerk a certification that in the chief medical officer's 1 9 opinion the patient is seriously mentally impaired, the 1 10 release may be postponed for the period of time the court 1 11 determines is necessary to permit commencement of judicial 1 12 procedure for involuntary hospitalization. That period of 1 13 time may not exceedfivethree days from the date on which the 1 14 respondent is detained, exclusive of days on which the clerk's 1 15 office is not open unless the period of time is extended by 1 16 order of a district court judge for good cause shown. Until 1 17 disposition of the application for involuntary hospitalization 1 18 of the patient, if one is timely filed, the chief medical 1 19 officer may detain the patient in the hospital and may provide 1 20 treatment which is necessary to preserve the patient's life, 1 21 or to appropriately control behavior by the patient which is 1 22 likely to result in physical injury to the patient or to 1 23 others if allowed to continue, but may not otherwise provide 1 24 treatment to the patient without the patient's consent. 1 25 Sec. 2. Section 229.8, subsection 3, paragraph a, Code 1 26 1995, is amended to read as follows: 1 27 a. If not previously done, set a time and place for a 1 28 hospitalization hearing, which shall be at the earliest 1 29 practicable time not less than forty-eight hours after notice 1 30 to the respondent, unless the respondent waives such minimum 1 31 prior notice requirement and not more than three days from the 1 32 date on which the respondent is taken into custody or receives 1 33 notice, unless that time is extended for good cause shown; and 1 34 Sec. 3. Section 229.10, subsection 4, Code 1995, is 1 35 amended to read as follows: 2 1 4. If the report of the court-designated physician or 2 2 physicians is to the effect that the respondent is seriously 2 3 mentally impaired, the court shall schedule a hearing on the 2 4 application as soon as possible. The hearing shall be held not 2 5 more thanforty-eight hours after the report is filedthree 2 6 days from the date on which the respondent is taken into 2 7 custody or, if the respondent is not taken into custody, not 2 8 more than three days from the date that the respondent is 2 9 served notice of the filing of application, excluding 2 10 Saturdays, Sundays and holidays, unless an extension for good 2 11 cause is requested by the respondent or the court-designated 2 12 physician, or as soon thereafter as possible if the court 2 13 considers that sufficient grounds exist for delaying the 2 14 hearing. 2 15 Sec. 4. Section 229.11, unnumbered paragraph 1, Code 1995, 2 16 is amended to read as follows: 2 17 If the applicant requests that the respondent be taken into 2 18 immediate custody and the judge, upon reviewing the 2 19 application and accompanying documentation, finds probable 2 20 cause to believe that the respondent is seriously mentally 2 21 impaired and is likely to injure the respondent or other 2 22 persons if allowed to remain at liberty, the judge may enter a 2 23 written order directing that the respondent be taken into 2 24 immediate custody by the sheriff or the sheriff's deputy and 2 25 be detained until the hospitalization hearing, which shall be 2 26 held no more thanfivethree days after the dateof the order2 27 on which the respondent is taken into custody, except that if 2 28 thefifththird day after the date of the order is a Saturday, 2 29 Sunday, or a holiday, the hearing may be held on the next 2 30 succeeding business day. The physician conducting the 2 31 examination under section 229.10 may request that the date set 2 32 for hearing on the application be extended, for up to an 2 33 additional forty-eight hours, for purposes of conducting the 2 34 examination prior to hearing. The judge may order the 2 35 respondent detained for the period of time until the hearing 3 1 is held, and no longer, in accordance with subsection 1 if 3 2 possible, and if not then in accordance with subsection 2 or, 3 3 only if neither of these alternatives are available, in 3 4 accordance with subsection 3. Detention may be: 3 5 EXPLANATION 3 6 This bill shortens the time period in which hearings on 3 7 applications for the commitment of persons alleged to be 3 8 seriously mentally impaired must be held from five to three 3 9 days from the date on which the respondent is taken into 3 10 custody or served with notice of the filing of the 3 11 application. Provision is made for the granting of an 3 12 extension of time, of up to 48 hours, to the examining 3 13 physician for purposes of conducting the examination of the 3 14 respondent or by the respondent. 3 15 LSB 2434HH 76 3 16 lh/cf/24
Text: HF00337 Text: HF00339 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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