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PAG LIN
1 1 Section 1. Section 125.80, subsection 3, Code 1995, is
1 2 amended to read as follows:
1 3 3. If the report of a court-designated physician is to the
1 4 effect that the respondent is not a chronic substance abuser,
1 5 the court, without taking further action, may terminate the
1 6 proceeding and dismiss the application on its own motion and
1 7 without notice. If the report of the court-designated
1 8 physician or physicians is to the effect that the individual
1 9 is not a chronic substance abuser, but is seriously mentally
1 10 impaired as defined in section 229.1, the court shall notify
1 11 the respondent and the county attorney and may treat the
1 12 application as an application under chapter 229 and conduct a
1 13 hearing in the manner provided in chapter 229. If the court
1 14 elects to treat an application filed under this chapter as an
1 15 application under chapter 229, the county attorney or the
1 16 respondent may be granted additional time before hearing on
1 17 the application. A decision by the court to treat the
1 18 application as an application under chapter 229 may be
1 19 appealed by the county attorney or the respondent in the same
1 20 manner as applications under that chapter.
1 21 Sec. 2. Section 229.10, subsection 3, Code 1995, is
1 22 amended to read as follows:
1 23 3. If the report of the court-designated physician or
1 24 physicians is to the effect that the individual is not
1 25 seriously mentally impaired, the court may without taking
1 26 further action terminate the proceeding and dismiss the
1 27 application on its own motion and without notice. If the
1 28 report of the court-designated physician or physicians is to
1 29 the effect that the individual is not seriously mentally
1 30 impaired, but is a chronic substance abuser as defined in
1 31 section 125.2, the court shall notify the respondent and the
1 32 county attorney and may treat the application as an
1 33 application under chapter 125 and conduct a hearing in the
1 34 manner provided in chapter 125. If the court elects to treat
1 35 an application filed under this chapter as an application
2 1 under chapter 125, the applicant or the respondent may be
2 2 granted additional time before hearing on the application. A
2 3 decision by the court to treat the application as an
2 4 application under chapter 125 may be appealed by the applicant
2 5 or the respondent in the same manner as applications under
2 6 that chapter.
2 7 Sec. 3. NEW SECTION. 229.46 DUAL DIAGNOSES.
2 8 If an application filed under this chapter alleges that a
2 9 person is seriously mentally impaired, but the physician's
2 10 report indicates that the person is both seriously mentally
2 11 impaired and a chronic substance abuser, the court may treat
2 12 the application as an application which has been filed under
2 13 both this chapter and chapter 125. If the court treats the
2 14 application as an application filed under both chapters, the
2 15 court shall notify the respondent and the county attorney,
2 16 shall conduct the hearing as provided in section 229.12, and
2 17 shall make findings as to whether the respondent is seriously
2 18 mentally impaired, or a chronic substance abuser, or both
2 19 seriously mentally impaired and a chronic substance abuser.
2 20 Orders entered pursuant to this section shall have the same
2 21 effect as an order entered pursuant to either this chapter or
2 22 chapter 125, or both this chapter and chapter 125.
2 23 EXPLANATION
2 24 This bill provides that an individual who is brought before
2 25 the court for involuntary commitment for chronic substance
2 26 abuse and is found instead to be seriously mentally impaired,
2 27 the court shall notify the respondent and the county attorney
2 28 and proceed according to chapter 229. If the individual is
2 29 brought before the court for involuntary commitment for being
2 30 seriously mentally impaired and is found instead to be a
2 31 chronic substance abuser, the court shall notify the
2 32 respondent and the applicant and proceed according to chapter
2 33 125.
2 34 The bill also provides for a procedure pursuant to section
2 35 229.12 for dual diagnoses to apply when an individual is
3 1 brought before the court as being seriously mentally impaired
3 2 and is also found to be a chronic substance abuser.
3 3 LSB 1298SS 76
3 4 cl/cf/24
Text: SF00349 Text: SF00351 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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