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PAG LIN
1 1 Amend House File 335, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 1, by inserting after line 14 the
1 4 following:
1 5 "Sec. ___. NEW SECTION. 125.83A PLACEMENT IN
1 6 CERTAIN FEDERAL FACILITIES.
1 7 If upon completion of the commitment hearing, the
1 8 court finds that the contention that the respondent is
1 9 a chronic substance abuser has been sustained by clear
1 10 and convincing evidence, and the court is furnished
1 11 evidence that the respondent is eligible for care and
1 12 treatment in a facility operated by the veterans
1 13 administration or another agency of the United States
1 14 government and that the facility is willing to receive
1 15 the respondent, the court may so order. The
1 16 respondent, when so placed in a facility operated by
1 17 the veterans administration or another agency of the
1 18 United States government within or outside of this
1 19 state, shall be subject to the rules of the veterans
1 20 administration or other agency, but shall not lose any
1 21 procedural rights afforded the respondent by this
1 22 chapter. The chief officer of the facility shall
1 23 have, with respect to the respondent so placed, the
1 24 same powers and duties as the chief medical officer of
1 25 a hospital in this state would have in regard to
1 26 submission of reports to the court, retention of
1 27 custody, transfer, convalescent leave or discharge.
1 28 Jurisdiction is retained in the court to maintain
1 29 surveillance of the respondent's treatment and care,
1 30 and at any time to inquire into the respondent's
1 31 condition and the need for continued care and custody.
1 32 2. Upon receipt of a certificate stating that a
1 33 respondent placed under this chapter is eligible for
1 34 care and treatment in a facility operated by the
1 35 veterans administration or another agency of the
1 36 United States government which is willing to receive
1 37 the respondent without charge to the state of Iowa or
1 38 any county in the state, the chief medical officer may
1 39 transfer the respondent to that facility. Upon so
1 40 doing, the chief medical officer shall notify the
1 41 court which ordered the respondent's placement in the
1 42 same manner as would be required in the case of a
1 43 transfer under section 125.86, subsection 2, and the
1 44 respondent transferred shall be entitled to the same
1 45 rights as the respondent would have under that
1 46 subsection. No respondent shall be transferred under
1 47 this section who is confined pursuant to conviction of
1 48 a public offense or whose placement was ordered upon
1 49 contention of incompetence to stand trial by reason of
1 50 mental illness, without prior approval of the court
2 1 which ordered that respondent's placement.
2 2 3. A judgment or order of commitment by a court of
2 3 competent jurisdiction of another state or the
2 4 District of Columbia, under which any person is
2 5 hospitalized or placed in a facility operated by the
2 6 veterans administration or another agency of the
2 7 United States government, shall have the same force
2 8 and effect with respect to that person while the
2 9 person is in this state as the judgment or order would
2 10 have if the person were in the jurisdiction of the
2 11 court which issued it. That court shall be deemed to
2 12 have retained jurisdiction of the person so placed for
2 13 the purpose of inquiring into that person's condition
2 14 and the need for continued care and custody, as do
2 15 courts in this state under this section. Consent is
2 16 given to the application of the law of the state or
2 17 district in which the court is situated which issued
2 18 the judgment or order as regards authority of the
2 19 chief officer of any facility, operated in this state
2 20 by the veterans administration or another agency of
2 21 the United States government, to retain custody,
2 22 transfer, place on convalescent leave or discharge the
2 23 person so committed."
2 24 #2. Title page, line 2, by inserting after the
2 25 word "statistics," the following: "chemical substance
2 26 abuse,".
2 27 #3. By renumbering as necessary.
2 28
2 29
2 30
2 31 MICHAEL E. GRONSTAL
2 32 HF 335.202 77
2 33 pf/jj/28
Text: S03212 Text: S03214 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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