Text: S05344 Text: S05346 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 and inserting the following: 1 6 "Sec. . Section 222.60, unnumbered paragraph 1, 1 7 Code 1999, is amended to read as follows: 1 8 All necessary and legal expenses for the cost of 1 9 admission or commitment, including expenses incurred 1 10 pursuant to section 812.5, or for the treatment, 1 11 training, instruction, care, habilitation, support and 1 12 transportation of persons with mental retardation, as 1 13 provided for in the county management plan provisions 1 14 implemented pursuant to section 331.439, subsection 1, 1 15 in a state hospital-school, or in a special unit, or 1 16 any public or private facility within or without the 1 17 state, approved by the director of the department of 1 18 human services, shall be paid by either:" 1 19 #2. By striking page 4, line 43, through page 5, 1 20 line 43 and inserting the following: 1 21 "Sec. . Section 230.1, subsection 1, unnumbered 1 22 paragraph 1, Code Supplement 1999, is amended to read 1 23 as follows: 1 24 The necessary and legal costs and expenses 1 25 attending the taking into custody, care, 1 26 investigation, admission, commitment, including civil 1 27 commitment pursuant to section 812.5, and support of a 1 28 person with mental illness admitted or committed to a 1 29 state hospital shall be paid by a county or by the 1 30 state as follows:" 1 31 #3. Page 6, by striking lines 10 through 30. 1 32 #4. Page 10, by inserting after line 1 the 1 33 following: 1 34 "Sec. 101. PERSONS WITH MENTAL RETARDATION 1 35 LIABILITY OF COUNTY AND STATE. 1 36 1. Notwithstanding any provision of section 222.60 1 37 to the contrary, all necessary and legal expenses for 1 38 the cost of admission or commitment, including 1 39 expenses incurred pursuant to section 812.5, or for 1 40 the treatment, training, instruction, care, 1 41 habilitation, support, and transportation of an 1 42 eligible person with mental retardation shall be paid 1 43 by the county in which such person has a legal 1 44 settlement as defined in section 252.16, or, if such 1 45 person has no legal settlement or when such settlement 1 46 is unknown, by the state. The provisions of section 1 47 222.60 not inconsistent with this section shall apply 1 48 to this section. 1 49 2. For purposes of this section, an "eligible 1 50 person with mental retardation" means a person with 2 1 mental retardation who has been charged with a 2 2 criminal offense and who is transferred or referred to 2 3 a state hospital-school or state hospital for any of 2 4 the following reasons: 2 5 a. A diagnosis or recommendation as part of the 2 6 pretrial or presentence procedure. 2 7 b. A determination of mental competency or, 2 8 pursuant to Iowa rule of criminal procedure 21, a 2 9 placement of a defendant. 2 10 c. A determination of competency to stand trial, a 2 11 determination of a defendant's dangerousness, or a 2 12 commitment as mentally incompetent to stand trial 2 13 pursuant to section 812.4. 2 14 d. A diagnosis, evaluation, or treatment for a 2 15 prisoner transferred from a county or city jail. 2 16 3. The single entry point process established by a 2 17 county under section 331.440 shall not apply to this 2 18 section and a court is not required to seek 2 19 authorization through the single entry point process 2 20 prior to transferring or referring an eligible person 2 21 with mental retardation to a state hospital-school or 2 22 state hospital for any reason described in subsection 2 23 2, paragraphs "a" through "d". 2 24 4. This section is repealed June 30, 2001. 2 25 Sec. 102. PERSONS WITH MENTAL ILLNESS LIABILITY 2 26 OF COUNTY AND STATE. 2 27 1. Notwithstanding any provision of section 230.1 2 28 to the contrary, the necessary and legal costs and 2 29 expenses attending the taking into custody, care, 2 30 investigation, admission, commitment, including civil 2 31 commitment pursuant to section 812.5, and support of 2 32 an eligible person with mental illness shall be paid 2 33 by a county in which such person has a legal 2 34 settlement; or, if such person has no legal settlement 2 35 in this state or the person's legal settlement is 2 36 unknown, by the state. The provisions of section 2 37 230.1 not inconsistent with this section shall apply 2 38 to this section. 2 39 2. For purposes of this section, an "eligible 2 40 person with mental illness" means a person with mental 2 41 illness who has been charged with a criminal offense 2 42 and who is transferred or referred to a state hospital 2 43 for any of the following reasons: 2 44 a. A psychosocial diagnosis or recommendation as 2 45 part of the pretrial or presentence procedure. 2 46 b. A determination of mental competency or, 2 47 pursuant to Iowa rule of criminal procedure 21, a 2 48 placement of a defendant. 2 49 c. A determination of competency to stand trial, a 2 50 determination of a defendant's dangerousness, or a 3 1 commitment as mentally incompetent to stand trial 3 2 pursuant to section 812.4. 3 3 d. A diagnosis, evaluation, or treatment for 3 4 mental illness for a prisoner transferred from a 3 5 county or city jail. 3 6 3. The single entry point process established by a 3 7 county under section 331.440 shall not apply to this 3 8 section and a court is not required to seek 3 9 authorization through the single entry point process 3 10 prior to transferring or referring an eligible person 3 11 with mental illness to a state hospital for any reason 3 12 described in subsection 2, paragraphs "a" through "d". 3 13 4. This section is repealed June 30, 2001. 3 14 Sec. . LEGISLATIVE STUDY LIABILITY OF STATE 3 15 OR COUNTY PERSONS WITH MENTAL ILLNESS OR MENTAL 3 16 RETARDATION. The legislative council of the Iowa 3 17 general assembly is requested to establish a 3 18 legislative interim study committee during the 2000 3 19 interim to review issues concerning whether the county 3 20 or state should be liable for the payment of costs and 3 21 expenses associated with the transferring and 3 22 referring of a person to a state hospital or state 3 23 hospital-school for mental illness or mental 3 24 retardation who has been charged with a criminal 3 25 offense. The committee shall consider proposals, 3 26 including the mechanism established in sections 101 3 27 and 102 of this Act, for determining when the county 3 28 or the state should be liable and, if applicable, for 3 29 determining which county should be liable. The 3 30 legislative interim study committee should issue a 3 31 report to the general assembly by January 1, 2001, 3 32 concerning its findings and recommendations." 3 33 #5. Page 10, line 17, by inserting after the word 3 34 "hearings," the following: "requesting an interim 3 35 study,". 3 36 #6. By renumbering as necessary. 3 37 3 38 3 39 3 40 JEFF ANGELO 3 41 HF 2519.307 78 3 42 ec/cf
Text: S05344 Text: S05346 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Apr 6 03:35:57 CDT 2000
URL: /DOCS/GA/78GA/Legislation/S/05300/S05345/000405.html
jhf