Text: SSB01098                          Text: SSB01100
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1099

Bill Text

PAG LIN
  1  1    Section 1.  Section 125.91, subsection 2, Code 2003, is
  1  2 amended to read as follows:
  1  3    2.  a.  A peace officer who has reasonable grounds to
  1  4 believe that the circumstances described in subsection 1 are
  1  5 applicable, may, without a warrant, take or cause that person
  1  6 to be taken to the nearest available facility referred to in
  1  7 section 125.81, subsection 2 or 3.  Such an intoxicated or
  1  8 incapacitated person may also be delivered to a facility by
  1  9 someone other than a peace officer upon a showing of
  1 10 reasonable grounds.  Upon delivery of the person to a facility
  1 11 under this section, the chief medical officer examining
  1 12 physician may order treatment of the person, but only to the
  1 13 extent necessary to preserve the person's life or to
  1 14 appropriately control the person's behavior if the behavior is
  1 15 likely to result in physical injury to the person or others if
  1 16 allowed to continue.  The peace officer or other person who
  1 17 delivered the person to the facility shall describe the
  1 18 circumstances of the matter to the administrator examining
  1 19 physician.  If the person is a peace officer, the peace
  1 20 officer may do so either in person or by written report.  If
  1 21 the administrator in consultation with the chief medical
  1 22 officer examining physician has reasonable grounds to believe
  1 23 that the circumstances in subsection 1 are applicable, the
  1 24 administrator examining physician shall at once communicate
  1 25 with the nearest available magistrate as defined in section
  1 26 801.4, subsection 10.  The magistrate shall immediately
  1 27 proceed to the facility where the person is detained, except
  1 28 that if the administrator's communication with the magistrate
  1 29 occurs between the hours of midnight and seven a.m. and the
  1 30 magistrate deems it appropriate under the circumstances
  1 31 described by the administrator, the magistrate may delay going
  1 32 to the facility, and in that case, shall, based upon the
  1 33 circumstances described by the examining physician, give the
  1 34 administrator examining physician verbal oral instructions
  1 35 either directing that the person be released forthwith, or
  2  1 authorizing the person's continued detention at the in an
  2  2 appropriate facility.  The magistrate may also give oral
  2  3 instructions and order that the detained person be transported
  2  4 to an appropriate facility.  In the latter case, the
  2  5 magistrate shall:
  2  6    a.  Arrive at the facility where the person is being
  2  7 detained as soon as possible and no later than twelve o'clock
  2  8 noon of the same day on which the administrator's
  2  9 communication occurred.
  2 10    b.  By the close of business on the next working day file
  2 11 with the clerk a written report stating the substance of the
  2 12 communication with the administrator on which the person's
  2 13 continued detention was ordered.  If the magistrate orders
  2 14 that the person be detained, the magistrate shall, by the
  2 15 close of business on the next working day, file a written
  2 16 order with the clerk in the county where it is anticipated
  2 17 that an application may be filed under section 125.75.  The
  2 18 order may be filed by facsimile if necessary.  The order shall
  2 19 state the circumstances under which the person was taken into
  2 20 custody or otherwise brought to a facility and the grounds
  2 21 supporting the finding of probable cause to believe that the
  2 22 person is a chronic substance abuser likely to result in
  2 23 physical injury to the person or others if not detained.  The
  2 24 order shall confirm the oral order authorizing the person's
  2 25 detention including any order given to transport the person to
  2 26 an appropriate facility.  The clerk shall provide a copy of
  2 27 that order to the chief medical officer of the facility to
  2 28 which the person was originally taken, any subsequent facility
  2 29 to which the person was transported, and to any law
  2 30 enforcement department or ambulance service that transported
  2 31 the person pursuant to the magistrate's order.
  2 32    Sec. 2.  Section 125.91, subsection 3, Code 2003, is
  2 33 amended by striking the subsection.
  2 34    Sec. 3.  Section 229.22, subsection 2, Code 2003, is
  2 35 amended to read as follows:
  3  1    2.  In the circumstances described in subsection 1, any
  3  2 peace officer who has reasonable grounds to believe that a
  3  3 person is mentally ill, and because of that illness is likely
  3  4 to physically injure the person's self or others if not
  3  5 immediately detained, may without a warrant take or cause that
  3  6 person to be taken to the nearest available facility as
  3  7 defined in section 229.11, subsections subsection 2 and 3.  A
  3  8 person believed mentally ill, and likely to injure the
  3  9 person's self or others if not immediately detained, may be
  3 10 delivered to a hospital by someone other than a peace officer.
  3 11 Upon delivery of the person believed mentally ill to the
  3 12 hospital, the chief medical officer examining physician may
  3 13 order treatment of that person, including chemotherapy, but
  3 14 only to the extent necessary to preserve the person's life or
  3 15 to appropriately control behavior by the person which is
  3 16 likely to result in physical injury to that person or others
  3 17 if allowed to continue.  The peace officer who took the person
  3 18 into custody, or other party who brought the person to the
  3 19 hospital, shall describe the circumstances of the matter to
  3 20 the chief medical officer examining physician.  If the person
  3 21 is a peace officer, the peace officer may do so either in
  3 22 person or by written report.  If the chief medical officer
  3 23 examining physician finds that there is reason to believe that
  3 24 the person is seriously mentally impaired, and because of that
  3 25 impairment is likely to physically injure the person's self or
  3 26 others if not immediately detained, the chief medical officer
  3 27 examining physician shall at once communicate with the nearest
  3 28 available magistrate as defined in section 801.4, subsection
  3 29 10.  The magistrate shall, based upon the circumstances
  3 30 described by the chief medical officer examining physician,
  3 31 give the chief medical officer examining physician verbal oral
  3 32 instructions either directing that the person be released
  3 33 forthwith or authorizing the person's continued detention at
  3 34 that in an appropriate facility.  The magistrate may also give
  3 35 oral instructions and order that the detained person be
  4  1 transported to an appropriate facility.  In the latter case,
  4  2 the magistrate shall:
  4  3    a.  By the close of business on the next working day, file
  4  4 with the clerk a written report stating the substance of the
  4  5 information on the basis of which the person's continued
  4  6 detention was ordered; and
  4  7    b.  Proceed to the facility where the person is being
  4  8 detained within twenty-four hours of giving instructions that
  4  9 the person be detained.  If the magistrate orders that the
  4 10 person be detained, the magistrate shall, by the close of
  4 11 business on the next working day, file a written order with
  4 12 the clerk in the county where it is anticipated that an
  4 13 application may be filed under section 229.6.  The order may
  4 14 be filed by facsimile if necessary.  The order shall state the
  4 15 circumstances under which the person was taken into custody or
  4 16 otherwise brought to a facility, and the grounds supporting
  4 17 the finding of probable cause to believe that the person is
  4 18 seriously mentally impaired and likely to injure the person's
  4 19 self or others if not immediately detained.  The order shall
  4 20 confirm the oral order authorizing the person's detention
  4 21 including any order given to transport the person to an
  4 22 appropriate facility.  The clerk shall provide a copy of that
  4 23 order to the chief medical officer of the facility to which
  4 24 the person was originally taken, to any subsequent facility to
  4 25 which the person was transported, and to any law enforcement
  4 26 department or ambulance service that transported the person
  4 27 pursuant to the magistrate's order.
  4 28    Sec. 4.  Section 229.22, subsection 3, Code 2003, is
  4 29 amended by striking the subsection.  
  4 30                           EXPLANATION
  4 31    This bill relates to emergency procedures for the temporary
  4 32 detention and treatment of persons who are incapacitated or
  4 33 impaired due to substance abuse or mental health problems.
  4 34    The bill removes references to the chief medical officer
  4 35 and substitutes the examining physician as the person who is
  5  1 authorized to determine the treatment needs of a person who
  5  2 has been temporarily detained.  The bill also eliminates the
  5  3 requirement that the judge or magistrate travel to the
  5  4 facility where the patient is being detained.  The bill
  5  5 further requires that the judge or magistrate follow up by
  5  6 filing with the clerk of court a written order before the
  5  7 close of the next business day.  
  5  8 LSB 1211DP 80
  5  9 rh/sh/8
     

Text: SSB01098                          Text: SSB01100
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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