Text: SF00349 Text: SF00351 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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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