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
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