Text: HF02563 Text: HF02565 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 229.21, subsection 3, paragraph c, Code 1 2 Supplement 2001, is amended to read as follows: 1 3 c. When appealed, the matter shall standfor trial de novo1 4 on the record made at the hearing.Upon appeal, theThe court 1 5 shall schedulea hospitalization or commitment hearingthe 1 6 appeal before a district judgeat the earliest practicable1 7timewithin fourteen days of the filing of the appeal. 1 8 Sec. 2. Section 229.21, subsection 4, Code Supplement 1 9 2001, is amended to read as follows: 1 10 4. If the appellant is in custody under the jurisdiction 1 11 of the district court at the time of service of the notice of 1 12 appeal, the appellant shall be discharged from custody unless 1 13 an order that the appellant be taken into immediate custody 1 14 has previously been issued under section 229.11 or section 1 15 125.81, in which case the appellant shall be detained as 1 16 provided in that section until thehospitalization or1 17commitment hearingappeal on the record before the district 1 18 judge. If the appellant is in the custody of a hospital or 1 19 facility at the time of service of the notice of appeal, the 1 20 appellant shall be discharged from custody pending disposition 1 21 of the appeal unless the chief medical officer, not later than 1 22 the end of the next secular day on which the office of the 1 23 clerk is open and which follows service of the notice of 1 24 appeal, files with the clerk a certification that in the chief 1 25 medical officer's opinion the appellant is seriously mentally 1 26 ill or a substance abuser. In that case, the appellant shall 1 27 remain in custody of the hospital or facility until the 1 28hospitalization or commitment hearingappeal before the 1 29 district court. 1 30 Sec. 3. Section 229.21, subsection 5, Code Supplement 1 31 2001, is amended to read as follows: 1 32 5.The hospitalization or commitment hearing before the1 33district judge shall be held, and the judge's finding shall be1 34made and an appropriate order entered, as prescribed by1 35sections 229.12 and 229.13 or sections 125.82 and 125.83.If, 2 1 upon appeal, the judge orders the appellant hospitalized or 2 2 committed for a complete psychiatric or substance abuse 2 3 evaluation, jurisdiction of the matter shall revert to the 2 4 judicial hospitalization referee. 2 5 EXPLANATION 2 6 This bill relates to appeals from involuntary commitment 2 7 for chronic substance abuse and mental illness. 2 8 The bill provides that an appeal to a district judge from a 2 9 finding that a person is a chronic substance abuser and in 2 10 need of involuntary commitment or treatment or an appeal from 2 11 a finding that a person is mentally ill and in need of 2 12 involuntary hospitalization shall be based upon the record, 2 13 and further provides that the appeal in such cases shall be 2 14 held within 14 days of the filing of the appeal. Current law 2 15 requires appeals in such cases to be conducted based upon a de 2 16 novo standard of review at the earliest practicable time. 2 17 LSB 6261HV 79 2 18 rh/pj/5
Text: HF02563 Text: HF02565 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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