Text: HF00347 Text: HF00349 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 125.91, subsection 2, Code 1995, is 1 2 amended to read as follows: 1 3 2. A peace officer who has reasonable grounds to believe 1 4 that the circumstances described in subsection 1 are 1 5 applicable, may, without a warrant, take or cause that person 1 6 to be taken to the nearest available facility referred to in 1 7 section 125.81, subsection 2 or 3. Such an intoxicated or 1 8 incapacitated person may also be delivered to a facility by 1 9 someone other than a peace officer upon a showing of 1 10 reasonable grounds. Upon delivery of the person to a facility 1 11 under this section, the chief medical officer may order 1 12 treatment of the person, but only to the extent necessary to 1 13 preserve the person's life or to appropriately control the 1 14 person's behavior if the behavior is likely to result in 1 15 physical injury to the person or others if allowed to 1 16 continue. The peace officer or other person who delivered the 1 17 person to the facility shall describe the circumstances of the 1 18 matter to the administrator. If the administrator in 1 19 consultation with the chief medical officer has reasonable 1 20 grounds to believe that the circumstances in subsection 1 are 1 21 applicable, the administrator shall at once communicate with 1 22 the nearest available magistrate as defined in section 801.4, 1 23 subsection 10. The magistrate shallimmediately proceed to1 24the facility where the person is detained, except that if the1 25administrator's communication with the magistrate occurs1 26between the hours of midnight and seven a.m. and the1 27magistrate deems it appropriate under, based upon the 1 28 circumstances described by the administrator,the magistrate1 29may delay going to the facility, and in that case, shallgive 1 30 the administrator verbal instructions either directing that 1 31 the person be released forthwith, or authorizing the person's 1 32 continued detention at the facility. In the latter case, the 1 33 magistrate shall: 1 34 a.Arrive atProceed to the facility where the person is 1 35 being detainedas soon as possible and no later than twelve2 1o'clock noon of the same day on which the administrator's2 2communication occurredwithin forty-eight hours of giving 2 3 instructions that the person be detained. 2 4 b. By the close of business on the next working day file 2 5 with the clerk a written report stating the substance of the 2 6 communication with the administrator on which the person's 2 7 continued detention was ordered. 2 8 Sec. 2. Section 229.22, subsection 2, Code 1995, is 2 9 amended to read as follows: 2 10 2. In the circumstances described in subsection 1, any 2 11 peace officer who has reasonable grounds to believe that a 2 12 person is mentally ill, and because of that illness is likely 2 13 to physically injure the person's self or others if not 2 14 immediately detained, may without a warrant take or cause that 2 15 person to be taken to the nearest available facility as 2 16 defined in section 229.11, subsections 2 and 3. A person 2 17 believed mentally ill, and likely to injure the person's self 2 18 or others if not immediately detained, may be delivered to a 2 19 hospital by someone other than a peace officer. Upon delivery 2 20 of the person believed mentally ill to the hospital, the chief 2 21 medical officer may order treatment of that person, including 2 22 chemotherapy, but only to the extent necessary to preserve the 2 23 person's life or to appropriately control behavior by the 2 24 person which is likely to result in physical injury to that 2 25 person or others if allowed to continue. The peace officer 2 26 who took the person into custody, or other party who brought 2 27 the person to the hospital, shall describe the circumstances 2 28 of the matter to the chief medical officer. If the chief 2 29 medical officer finds that there is reason to believe that the 2 30 person is seriously mentally impaired, and because of that 2 31 impairment is likely to physically injure the person's self or 2 32 others if not immediately detained, the chief medical officer 2 33 shall at once communicate with the nearest available 2 34 magistrate as defined in section 801.4, subsection 10. The 2 35 magistrate shallimmediately proceed to the facility where the3 1person is detained, except that if the chief medical officer's3 2communication with the magistrate occurs between the hours of3 3midnight and the next succeeding seven o'clock a.m. and the3 4magistrate deems it appropriate under, based upon the 3 5 circumstances described by the chief medical officer,the3 6magistrate may delay going to the facility and in that case3 7shallgive the chief medical officer verbal instructions 3 8 either directing that the person be released forthwith or 3 9 authorizing the person's continued detention at that facility. 3 10 In the latter case, the magistrate shall: 3 11 a. By the close of business on the next working day, file 3 12 with the clerk a written report stating the substance of the 3 13 information on the basis of which the person's continued 3 14 detention was ordered; and 3 15 b.Arrive atProceed to the facility where the person is 3 16 being detainednot later than eight o'clock a.m. of the same3 17day on which the chief medical officer's notification occurs3 18 within forty-eight hours of giving instructions that the 3 19 person be detained. 3 20 EXPLANATION 3 21 This bill changes the procedure applicable to the holding 3 22 of the probable cause hearing regarding emergency procedures 3 23 for the hospitalization of persons alleged to be seriously 3 24 mentally impaired or chronic substance abusers. Currently, 3 25 upon notification by the chief medical officer of a medical 3 26 facility that a person whom the chief medical officer believes 3 27 to be seriously mentally impaired, or a person that the 3 28 administrator in consultation with the chief medical officer 3 29 believes to be a chronic substance abuser, is being held in 3 30 the medical facility, a magistrate is required to immediately 3 31 proceed to the facility and hold a probable cause hearing, 3 32 unless the notification occurs between the hours of midnight 3 33 and 7:00 a.m., in which case the hearing may be delayed. 3 34 Under current law, if the hearing is delayed, the magistrate 3 35 shall file a report with the clerk, stating the basis for the 4 1 person's continued detention, by the close of the next 4 2 business day, and arrive at the facility not later than 8:00 4 3 a.m. of the same day on which notification was received that a 4 4 person may be seriously mentally impaired or not later than 4 5 12:00 noon of the same day on which notification that a person 4 6 may be a chronic substance abuser was received. 4 7 The bill provides that, upon notification by the chief 4 8 medical officer or, in the case of chronic substance abusers, 4 9 the administrator in consultation with the chief medical 4 10 officer, the magistrate shall give the chief medical officer 4 11 verbal instructions on whether to detain or release the person 4 12 from the facility. If the magistrate does not instruct the 4 13 chief medical officer to release the person, the magistrate is 4 14 to file a report stating the basis for the person's continued 4 15 detention, by the close of the next business day, and proceed 4 16 to the facility within 48 hours. 4 17 LSB 2043HH 76 4 18 lh/cf/24.1
Text: HF00347 Text: HF00349 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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