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PAG LIN 1 1 Section 1. Section 125.82, subsections 1 and 2, Code 1995, 1 2 are amended to read as follows: 1 3 1. At a commitment hearing, evidence in support of the 1 4 contentions made in the application shall be presented by the 1 5applicant, or by an attorney for the applicant, or by the1 6 county attorneyif the county attorney is the applicant. 1 7 During the hearing the applicant and the respondent shall be 1 8 afforded an opportunity to testify and to present and cross- 1 9 examine witnesses, and the court may receive the testimony of 1 10 other interested persons. If the respondent is present at the 1 11 hearing, as provided in subsection 3, and has been medicated 1 12 within twelve hours, or a longer period of time as the court 1 13 may designate, prior to the beginning of the hearing or a 1 14 session of the hearing, the court shall be informed of that 1 15 fact and of the probable effects of the medication upon 1 16 convening of the hearing. 1 17 2. A person not necessary for the conduct of the hearing 1 18 shall be excluded, except that the court may admit a person 1 19 having a legitimate interest in the hearing. Upon motion of 1 20 theapplicantcounty attorney, the court may exclude the 1 21 respondent from the hearing during the testimony of a witness 1 22 if the court determines that the witness' testimony is likely 1 23 to cause the respondent severe emotional trauma. 1 24 Sec. 2. Section 229.9A, Code 1995, is amended to read as 1 25 follows: 1 26 229.9A ADVOCATE INFORMED. 1 27 The court shall direct the clerk to furnish the advocateof1 28the respondent's county of legal settlementappointed under 1 29 section 229.19 with a copy of the application and any order 1 30 issued pursuant to section 229.8, subsection 3. The advocate 1 31 may attend the hospitalization hearing of any respondent for 1 32 whom the advocate has received notice of a hospitalization 1 33 hearing. 1 34 Sec. 3. Section 229.12, subsection 2, Code 1995, is 1 35 amended to read as follows: 2 1 2. All persons not necessary for the conduct of the 2 2 proceeding shall be excluded, except that the court may admit 2 3 persons having a legitimate interest in the proceeding and 2 4 shall permit the advocatefrom the respondent's county of2 5legal settlementappointed under section 229.19 to attend the 2 6 hearing. Upon motion of the county attorney, the judge may 2 7 exclude the respondent from the hearing during the testimony 2 8 of any particular witness if the judge determines that 2 9 witness's testimony is likely to cause the respondent severe 2 10 emotional trauma. 2 11 Sec. 4. Section 229.19, unnumbered paragraph 1, Code 1995, 2 12 is amended to read as follows: 2 13 The district court in each county with a population of 2 14 under three hundred thousand inhabitants and the board of 2 15 supervisors in each county with a population of three hundred 2 16 thousand or more inhabitants shall appoint an individual who 2 17 has demonstrated by prior activities an informed concern for 2 18 the welfare and rehabilitation of the mentally ill, and who is 2 19 not an officer or employee of the department of human services 2 20 nor of any agency or facility providing care or treatment to 2 21 the mentally ill, to act as advocate representing the 2 22 interests of patients involuntarily hospitalized by the court, 2 23 in any matter relating to the patients' hospitalization or 2 24 treatment under section 229.14 or 229.15. The court or, if 2 25 the advocate is appointed by the county board of supervisors, 2 26 the board shall assign the advocate appointed from a patient's 2 27 county of legal settlementto represent the interests of the2 28patient. If a patient has no county of legal settlement, the2 29courtor, if the advocate is appointed by the county board of2 30supervisors, the board shall assignthe advocateappointed2 31 from the countywhere the hospital or facility is locatedin 2 32 which the hospitalization hearing takes place, to represent 2 33 the interests of the patient. The advocate's responsibility 2 34 with respect to any patient shall begin at whatever time the 2 35 attorney employed or appointed to represent that patient as 3 1 respondent in hospitalization proceedings, conducted under 3 2 sections 229.6 to 229.13, reports to the court that the 3 3 attorney's services are no longer required and requests the 3 4 court's approval to withdraw as counsel for that patient. 3 5 However, if the patient is found to be seriously mentally 3 6 impaired at the hospitalization hearing, the attorney 3 7 representing the patient shall automatically be relieved of 3 8 responsibility in the case and an advocate shall be assigned 3 9 to the patient at the conclusion of the hearing unless the 3 10 attorney indicates an intent to continue the attorney's 3 11 services and the court so directs. If the court directs the 3 12 attorney to remain on the case the attorney shall assume all 3 13 the duties of an advocate. The clerk shall furnish the 3 14 advocate with a copy of the court's order approving the 3 15 withdrawal and shall inform the patient of the name of the 3 16 patient's advocate. With regard to each patient whose 3 17 interests the advocate is required to represent pursuant to 3 18 this section, the advocate's duties shall include all of the 3 19 following: 3 20 Sec. 5. Section 229.21, subsection 3, Code 1995, is 3 21 amended to read as follows: 3 22 3. Any respondent with respect to whom the judicial 3 23 hospitalization referee has found the contention that the 3 24 respondent is seriously mentally impaired or a chronic 3 25 substance abuser sustained by clear and convincing evidence 3 26 presented at a hearing held under section 229.12 or section 3 27 125.82, may appeal from the referee's finding to a judge of 3 28 the district court by giving the clerk notice in writing, 3 29 withinseventhirty days after the referee's finding is made, 3 30 that an appeal therefrom is taken. The appeal may be signed 3 31 by the respondent or by the respondent's next friend, 3 32 guardian, or attorney. When so appealed, the matter shall 3 33 stand for trial de novo. Upon appeal, the court shall 3 34 schedule a hospitalization or commitment hearing before a 3 35 district judge at the earliest practicable time. 4 1 Sec. 6. Section 229.27, subsection 4, Code 1995, is 4 2 amended by striking the subsection. 4 3 Sec. 7. Section 331.756, Code 1995, is amended by adding 4 4 the following new subsection: 4 5 NEW SUBSECTION. 26. Carry out duties related to the 4 6 commitment of chronic substance abusers as provided in section 4 7 125.82. 4 8 EXPLANATION 4 9 This bill provides that the county attorney is to present 4 10 the evidence in support of applications for hospitalization of 4 11 chronic substance abusers. Patient advocates may now be 4 12 appointed either from the county of legal settlement or the 4 13 county in which the hospitalization hearing takes place. The 4 14 time during which a person may appeal the findings of a 4 15 judicial hospitalization referee under both chapters 125 and 4 16 229 is extended from seven to 30 days. Language in the mental 4 17 impairment commitment procedures relating to the appointment 4 18 of a conservator is deleted. Appointments of conservators are 4 19 governed generally under chapter 633. 4 20 This bill may create a state mandate under chapter 25B. 4 21 LSB 1796SC 76 4 22 lh/sc/14
Text: SSB00088 Text: SSB00090 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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