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House Journal: Page 1851: Wednesday, April 26, 2000

42 determined by the general assembly. The chairperson
43 and vice chairperson of the board shall be paid a
44 salary as determined by the general assembly. Each
45 member of the board and all employees are entitled to
46 receive, in addition to their per diem or salary,
47 their necessary maintenance and travel expenses while
48 engaged in official business.
49 Sec. 20. 1998 Iowa Acts, chapter 1197, section 13,
50 is amended to read as follows:

Page 7

1 SEC. 13. EFFECTIVE DATES - REPEALS.
2 1. This division and Division I of this Act, being
3 deemed of immediate importance, take effect upon
4 enactment.
5 2. Division I of this Act is repealed June 30,
6 2000 2002.
7 3. Division II of this Act takes effect July 1,
8 2000 2002.
9 Sec. 21. PERSONS WITH MENTAL RETARDATION -
10 LIABILITY OF COUNTY AND STATE.
11 1. Notwithstanding any provision of section 222.60
12 to the contrary, all necessary and legal expenses for
13 the cost of admission or commitment, including
14 expenses incurred pursuant to section 812.5, or for
15 the treatment, training, instruction, care,
16 habilitation, support, and transportation of an
17 eligible person with mental retardation shall be paid
18 by the county in which such person has a legal
19 settlement as defined in section 252.16, or, if such
20 person has no legal settlement or when such settlement
21 is unknown, by the state. The provisions of section
22 222.60 not inconsistent with this section shall apply
23 to this section.
24 2. For purposes of this section, an "eligible
25 person with mental retardation" means a person with
26 mental retardation who has been charged with a
27 criminal offense and who is transferred or referred to
28 a state hospital-school or state hospital for any of
29 the following reasons:
30 a. A diagnosis or recommendation as part of the
31 pretrial or presentence procedure.
32 b. A determination of mental competency or,
33 pursuant to Iowa rule of criminal procedure 21, a
34 placement of a defendant.
35 c. A determination of competency to stand trial, a
36 determination of a defendant's dangerousness, or a
37 commitment as mentally incompetent to stand trial
38 pursuant to section 812.4.
39 d. A diagnosis, evaluation, or treatment for a
40 prisoner transferred from a county or city jail.


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