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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