House Journal: Page 1852: Wednesday, April 26, 2000
41 3. The single entry point process established by a
42 county under section 331.440 shall not apply to this
43 section and a court is not required to seek
44 authorization through the single entry point process
45 prior to transferring or referring an eligible person
46 with mental retardation to a state hospital-school or
47 state hospital for any reason described in subsection
48 2, paragraphs "a" through "d".
49 4. This section is repealed June 30, 2001.
50 Sec. 22. PERSONS WITH MENTAL ILLNESS - LIABILITY
Page 8
1 OF COUNTY AND STATE.
2 1. Notwithstanding any provision of section 230.1
3 to the contrary, the necessary and legal costs and
4 expenses attending the taking into custody, care,
5 investigation, admission, commitment, including civil
6 commitment pursuant to section 812.5, and support of
7 an eligible person with mental illness shall be paid
8 by a county in which such person has a legal
9 settlement; or, if such person has no legal settlement
10 in this state or the person's legal settlement is
11 unknown, by the state. The provisions of section
12 230.1 not inconsistent with this section shall apply
13 to this section.
14 2. For purposes of this section, an "eligible
15 person with mental illness" means a person with mental
16 illness who has been charged with a criminal offense
17 and who is transferred or referred to a state hospital
18 for any of the following reasons:
19 a. A psychosocial diagnosis or recommendation as
20 part of the pretrial or presentence procedure.
21 b. A determination of mental competency or,
22 pursuant to Iowa rule of criminal procedure 21, a
23 placement of a defendant.
24 c. A determination of competency to stand trial, a
25 determination of a defendant's dangerousness, or a
26 commitment as mentally incompetent to stand trial
27 pursuant to section 812.4.
28 d. A diagnosis, evaluation, or treatment for
29 mental illness for a prisoner transferred from a
30 county or city jail.
31 3. The single entry point process established by a
32 county under section 331.440 shall not apply to this
33 section and a court is not required to seek
34 authorization through the single entry point process
35 prior to transferring or referring an eligible person
36 with mental illness to a state hospital for any reason
37 described in subsection 2, paragraphs "a" through "d".
38 4. This section is repealed June 30, 2001.
39 Sec. 23. LEGISLATIVE STUDY - LIABILITY OF STATE
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League of Women Voters of Iowa
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