Text: S05309 Text: S05311 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5165, to House File 2519, as 1 2 amended, passed, and reprinted by the House, as 1 3 follows: 1 4 #1. By striking page 2, line 46, through page 4, 1 5 line 26. 1 6 #2. By striking page 4, line 43, through page 5, 1 7 line 43. 1 8 #3. Page 6, by striking lines 10 through 30. 1 9 #4. Page 10, by inserting after line 1 the 1 10 following: 1 11 "Sec. 101. PERSONS WITH MENTAL RETARDATION 1 12 LIABILITY OF COUNTY AND STATE. 1 13 1. Notwithstanding any provision of section 222.60 1 14 to the contrary, all necessary and legal expenses for 1 15 the cost of admission or commitment or for the 1 16 treatment, training, instruction, care, habilitation, 1 17 support, and transportation of an eligible person with 1 18 mental retardation, as provided for in the county 1 19 management plan provisions implemented pursuant to 1 20 section 331.439, subsection 1, shall be paid by the 1 21 county in which such person has a legal settlement as 1 22 defined in section 252.16, or, if such person has no 1 23 legal settlement or when such settlement is unknown, 1 24 by the state. The provisions of section 222.60 not 1 25 inconsistent with this section shall apply to this 1 26 section. 1 27 2. For purposes of this section, an "eligible 1 28 person with mental retardation" means a person with 1 29 mental retardation who has been charged with a 1 30 criminal offense and who is transferred or referred to 1 31 a state hospital-school for any of the following 1 32 reasons: 1 33 a. A diagnosis or recommendation as part of the 1 34 pretrial or presentence procedure. 1 35 b. A determination of mental competency or, 1 36 pursuant to Iowa rule of criminal procedure 21, a 1 37 placement of a defendant. 1 38 c. A determination of competency to stand trial, a 1 39 determination of a defendant's dangerousness, or a 1 40 commitment as mentally incompetent to stand trial 1 41 pursuant to section 812.4. 1 42 d. A diagnosis, evaluation, or treatment for a 1 43 prisoner transferred from a county or city jail. 1 44 3. The single entry point process established by a 1 45 county under section 331.440 shall not apply to this 1 46 section and a court is not required to seek 1 47 authorization through the single entry point process 1 48 prior to transferring or referring an eligible person 1 49 with mental retardation to a state hospital-school for 1 50 any reason described in subsection 2, paragraphs "a" 2 1 through "d". 2 2 4. This section is repealed June 30, 2001. 2 3 Sec. 102. PERSONS WITH MENTAL ILLNESS LIABILITY 2 4 OF COUNTY AND STATE. 2 5 1. Notwithstanding any provision of section 230.1 2 6 to the contrary, the necessary and legal costs and 2 7 expenses attending the taking into custody, care, 2 8 investigation, admission, commitment, and support of 2 9 an eligible person with mental illness shall be paid 2 10 by a county in which such person has a legal 2 11 settlement, if the person is eighteen years of age or 2 12 older; or, if such person has no legal settlement in 2 13 this state, the person's legal settlement is unknown, 2 14 or the person is under eighteen years of age, by the 2 15 state. The provisions of section 230.1 not 2 16 inconsistent with this section shall apply to this 2 17 section. 2 18 2. For purposes of this section, an "eligible 2 19 person with mental illness" means a person with mental 2 20 illness who has been charged with a criminal offense 2 21 and who is transferred or referred to a state hospital 2 22 for any of the following reasons: 2 23 a. A psychosocial diagnosis or recommendation as 2 24 part of the pretrial or presentence procedure. 2 25 b. A determination of mental competency or, 2 26 pursuant to Iowa rule of criminal procedure 21, a 2 27 placement of a defendant. 2 28 c. A determination of competency to stand trial, a 2 29 determination of a defendant's dangerousness, or a 2 30 commitment as mentally incompetent to stand trial 2 31 pursuant to section 812.4. 2 32 d. A diagnosis, evaluation, or treatment for 2 33 mental illness for a prisoner transferred from a 2 34 county or city jail. 2 35 3. The single entry point process established by a 2 36 county under section 331.440 shall not apply to this 2 37 section and a court is not required to seek 2 38 authorization through the single entry point process 2 39 prior to transferring or referring an eligible person 2 40 with mental illness to a state hospital for any reason 2 41 described in subsection 2, paragraphs "a" through "d". 2 42 4. This section is repealed June 30, 2001. 2 43 Sec. . LEGISLATIVE STUDY LIABILITY OF STATE 2 44 OR COUNTY PERSONS WITH MENTAL ILLNESS OR MENTAL 2 45 RETARDATION. The legislative council of the Iowa 2 46 general assembly is requested to establish a 2 47 legislative interim study committee during the 2000 2 48 interim to review issues concerning whether the county 2 49 or state should be liable for the payment of costs and 2 50 expenses associated with the transferring and 3 1 referring of a person to a state hospital or state 3 2 hospital-school for mental illness or mental 3 3 retardation who has been charged with a criminal 3 4 offense. The committee shall consider proposals, 3 5 including the mechanism established in sections 101 3 6 and 102 of this Act, for determining when the county 3 7 or the state should be liable and, if applicable, for 3 8 determining which county should be liable. The 3 9 legislative interim study committee should issue a 3 10 report to the general assembly by January 1, 2001, 3 11 concerning its findings and recommendations." 3 12 #5. Page 10, line 17, by inserting after the word 3 13 "hearings," the following: "requesting an interim 3 14 study,". 3 15 #6. By renumbering as necessary. 3 16 3 17 3 18 3 19 JEFF ANGELO 3 20 HF 2519.203 78 3 21 ec/gg
Text: S05309 Text: S05311 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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