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House Journal: Page 1349: Monday, April 21, 1997

35   veterans administration or another agency of the
36   United States government which is willing to receive
37   the respondent without charge to the state of Iowa or
38   any county in the state, the chief medical officer may
39   transfer the respondent to that facility.  Upon so
40   doing, the chief medical officer shall notify the
41   court which ordered the respondent's placement in the
42   same manner as would be required in the case of a
43   transfer under section 125.86, subsection 2, and the
44   respondent transferred shall be entitled to the same
45   rights as the respondent would have under that
46   subsection.  No respondent shall be transferred under
47   this section who is confined pursuant to conviction of
48   a public offense or whose placement was ordered upon
49   contention of incompetence to stand trial by reason of
50   mental illness, without prior approval of the court

Page 2  

 1   which ordered that respondent's placement.
 2     3.  A judgment or order of commitment by a court of
 3   competent jurisdiction of another state or the
 4   District of Columbia, under which any person is
 5   hospitalized or placed in a facility operated by the
 6   veterans administration or another agency of the
 7   United States government, shall have the same force
 8   and effect with respect to that person while the
 9   person is in this state as the judgment or order would
10   have if the person were in the jurisdiction of the
11   court which issued it.  That court shall be deemed to
12   have retained jurisdiction of the person so placed for
13   the purpose of inquiring into that person's condition
14   and the need for continued care and custody, as do
15   courts in this state under this section.  Consent is
16   given to the application of the law of the state or
17   district in which the court is situated which issued
18   the judgment or order as regards authority of the
19   chief officer of any facility, operated in this state
20   by the veterans administration or another agency of
21   the United States government, to retain custody,
22   transfer, place on convalescent leave or discharge the
23   person so committed."
24     2.  Page 2, line 2, by striking the word
25   "subsection" and inserting the following:
26   "subsections".
27     3.  Page 2, by inserting after line 2 the
28   following:
29     "NEW SUBSECTION.  7.  Review team members and their
30   agents are immune from any liability, civil or
31   criminal, which might otherwise be incurred or imposed
32   as a result of any act, omission, proceeding,
33   decision, or determination undertaken or performed, or
34   recommendation made as a review team member or agent

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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Last update: Tue Apr 22 13:40:03 CDT 1997
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