House File 2336
HOUSE FILE
BY JONES
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to adult persons with mental retardation or other
2 developmental disabilties who pose a severe and persistent
3 threat to themselves or others by authorizing creation of an
4 expert mobile team and specialized treatment unit,
5 establishing a commitment process for placements in the
6 specialized unit, and including a contingent effective date.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 TLSB 5841YH 80
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PAG LIN
1 1 Section 1. NEW SECTION. 223.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Department" means the department of human services.
1 5 2. "Developmental disability" means the same as defined in
1 6 the federal Developmental Disabilities Assistance and Bill of
1 7 Rights Act of 2000, Pub. L. No. 106=402, as codified in 42
1 8 U.S.C. } 6001.
1 9 3. "Expert mobile team" means the team created by the
1 10 department under this chapter.
1 11 4. "Mental retardation" means the same as defined in
1 12 section 222.2.
1 13 5. "Person in need of specialized treatment" means an
1 14 adult person with mental retardation or a developmental
1 15 disability who needs minimal to moderate support with the
1 16 activities of daily living and who poses a severe and
1 17 persistent threat to themselves or others and is described by
1 18 one or more of the following conditions:
1 19 a. The person was committed to the department under
1 20 section 812.4.
1 21 b. The person was determined to be incompetent to stand
1 22 trial.
1 23 c. The person's behavior is frequently of a severe nature
1 24 such that an intensive and secure level of treatment is needed
1 25 to prevent serious injury to the person or to others.
1 26 6. "Specialized treatment unit" means the unit created by
1 27 the department under this chapter.
1 28 Sec. 2. NEW SECTION. 223.2 EXPERT MOBILE TEAM.
1 29 1. The department shall establish an expert mobile team to
1 30 assist public and private providers of services to persons
1 31 with mental retardation or other developmental disability in
1 32 managing the behavior and addressing the needs of persons who
1 33 may be a person in need of specialized treatment.
1 34 2. The team shall be multidisciplinary with members who
1 35 have experience and knowledge in developmental disabilities,
2 1 behavior analysis, or forensic services and members who are
2 2 trained, direct=service workers. The team members may have
2 3 either professional or paraprofessional skills. The team
2 4 shall be part of or associated with the staff for the
2 5 specialized treatment unit.
2 6 3. The purpose of the team is to provide specialized
2 7 training and consultation on treatment options to providers of
2 8 services to persons with mental retardation or other
2 9 developmental disability so that a person who may be in need
2 10 of specialized treatment may continue to receive services from
2 11 such providers and the need to utilize the specialized
2 12 treatment unit for the person may be prevented or eliminated.
2 13 The services offered by the team may include but are not
2 14 limited to the following:
2 15 a. Clinical evaluation and development of intensive
2 16 behavioral treatment programs and psychiatric services.
2 17 b. Time=limited supplemental staff assistance to support a
2 18 provider in maintaining a safe environment and in implementing
2 19 an intensive behavioral treatment program.
2 20 c. Consultation and training on a range of treatment and
2 21 security approaches to enhance provider capacity to manage
2 22 dangerous behaviors.
2 23 4. The department shall implement eligibility criteria for
2 24 providers for the offer of team services based upon the
2 25 presence of a person who may be in need of specialized
2 26 treatment.
2 27 Sec. 3. NEW SECTION. 223.3 SPECIALIZED TREATMENT UNIT.
2 28 1. The department shall operate or contract for the
2 29 operation of a specialized treatment unit for persons
2 30 determined by the court to be persons in need of specialized
2 31 treatment.
2 32 2. The unit shall provide a restricted, secure setting to
2 33 safely address the needs of a person in need of specialized
2 34 treatment.
2 35 3. A departmental recommendation to the court for a
3 1 person's admission to the specialized treatment unit shall be
3 2 based upon an evaluation of the person performed by the unit
3 3 administrator and the expert mobile team or other qualified
3 4 person designated by the department to determine the potential
3 5 benefit to the person from admission to the unit. Other
3 6 recommendation criteria shall include a determination of
3 7 whether a person's behaviors have caused or have potential to
3 8 cause injury to the person or others; identification of the
3 9 person as meeting the definition of a person in need of
3 10 specialized treatment; the expert mobile team has
3 11 unsuccessfully attempted to develop an effective treatment of
3 12 the person's behavior or has determined that treatment cannot
3 13 be safely provided except in a restricted, secure setting; and
3 14 a specific assessment of the level of the person's
3 15 dangerousness indicates a high probability of harm without
3 16 intervention.
3 17 Sec. 4. NEW SECTION. 223.4 COMMITMENT ORDER.
3 18 1. A person shall only be admitted to the specialized
3 19 treatment unit pursuant to a court order.
3 20 2. The following procedures shall apply to a hearing for a
3 21 commitment order to the specialized treatment unit held under
3 22 this section:
3 23 a. The department shall initiate a hearing for a
3 24 commitment order by making application to the court through
3 25 the county attorney. The county attorney may request a
3 26 hearing by ex parte written motion. Upon receiving the
3 27 motion, the court may issue an order for detention of the
3 28 person, if the person is not detained at the time of the
3 29 motion.
3 30 b. An application for a commitment order under this
3 31 section shall indicate the reasons for the application. The
3 32 person and the person's attorney shall be served notice of the
3 33 hearing and be provided with a copy of the application and the
3 34 notice.
3 35 c. The commitment hearing shall be held immediately upon
4 1 the person being brought before the court for the hearing
4 2 unless the person or the county attorney moves for a
4 3 continuance. A continuance granted on motion of the person
4 4 shall not exceed three calendar days. A continuance on motion
4 5 of the county attorney shall be granted only upon good cause
4 6 shown and shall not exceed three calendar days. The person
4 7 may be detained pending the hearing.
4 8 d. The person is entitled to representation by counsel,
4 9 including appointed counsel for indigent persons, and shall be
4 10 entitled to the right of cross=examination and to present
4 11 information, to testify, and to present witnesses on the
4 12 person's own behalf.
4 13 e. Information stated in, or offered in connection with,
4 14 any order entered pursuant to this section need not conform to
4 15 the formal rules of evidence.
4 16 f. Unless the person otherwise requests in writing, the
4 17 district court shall conduct the hearing as a private hearing,
4 18 and any order entered shall remain confidential as to the
4 19 public generally until the conclusion of the hearing.
4 20 g. The matter may be heard by a judicial hospitalization
4 21 referee or a magistrate. An appeal from a commitment order
4 22 entered under this section shall be addressed in the manner
4 23 provided for an involuntary hospitalization order under
4 24 section 229.21. The person shall remain in the specialized
4 25 treatment unit pending outcome of the appeal.
4 26 h. If the court issues a commitment order for placement of
4 27 the person in the specialized treatment unit, it shall be
4 28 accompanied by written findings of fact and the reasons for
4 29 the commitment order.
4 30 3. If the department recommends commitment of a person to
4 31 the specialized treatment unit, the department shall provide
4 32 to the court a written report of an evaluation of the person
4 33 performed in accordance with the criteria provided in section
4 34 223.3.
4 35 4. If the court determines the person is a person in need
5 1 of specialized treatment, the court shall commit the person to
5 2 the specialized treatment unit for a period of not more than
5 3 eighteen months or until an evaluation indicates the person no
5 4 longer meets the definition of a person in need of specialized
5 5 services. If supported by a departmental recommendation, the
5 6 court may extend the initial period of commitment by up to
5 7 twelve months.
5 8 5. The department shall report to the court annually
5 9 concerning a person committed to the specialized treatment
5 10 unit and more often as required by the court.
5 11 6. A person committed to the department of corrections
5 12 under section 812.4 is not eligible for a hearing or order
5 13 under this chapter.
5 14 7. If a subsequent evaluation indicates the person no
5 15 longer meets the definition of a person in need of specialized
5 16 treatment, the department shall submit a written report of the
5 17 evaluation to the court. The court shall furnish a copy of
5 18 the report to the person's attorney. The court shall examine
5 19 the report and take action as the court deems appropriate.
5 20 8. If the court determines that the person shall be
5 21 released from the specialized treatment unit, the unit
5 22 administrator and the expert mobile team shall develop a
5 23 transition plan for the person. The transition plan is
5 24 subject to approval by the court. The transition plan shall
5 25 identify the services to be provided by the expert mobile team
5 26 in the transition which may include any service implemented
5 27 pursuant to section 223.2.
5 28 Sec. 5. NEW SECTION. 223.5 FUNDING == CONTINGENT
5 29 EFFECTIVE DATE.
5 30 1. State or county financial responsibility for the costs
5 31 of services provided to a person by an expert mobile team or a
5 32 specialized treatment unit shall be determined in the same
5 33 manner as it is determined for other services provided to a
5 34 person with mental retardation or other developmental
5 35 disability, except as follows:
6 1 a. If the person is under the jurisdiction of the
6 2 department of corrections, the department of corrections is
6 3 responsible.
6 4 b. If the person is placed in a state resource center or
6 5 state mental health institute and has a county of legal
6 6 settlement, the county's responsibility shall be limited to a
6 7 capped amount in the manner provided in sections 222.73 and
6 8 230.20 with the remainder a state responsibility.
6 9 2. Implementation of this chapter is contingent upon
6 10 enactment of an appropriation for the implementation costs.
6 11 The department shall notify the Iowa Code editor if such an
6 12 appropriation is enacted. This subsection is repealed on June
6 13 30 immediately preceding the fiscal year for which an
6 14 implementation appropriation is made.
6 15 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection
6 16 3, shall not apply to this Act.
6 17 EXPLANATION
6 18 This bill relates to adult persons with a developmental
6 19 disability who pose a severe and persistent threat to
6 20 themselves or others by authorizing the department of human
6 21 services to create an expert mobile team and specialized
6 22 treatment unit and providing for a commitment process.
6 23 Implementation of the bill is contingent upon appropriation of
6 24 implementation funding.
6 25 The bill creates new Code chapter 223.
6 26 New Code section 223.1 defines the terms "department",
6 27 "developmental disability", "expert mobile team", "mental
6 28 retardation", "person in need of specialized treatment", and
6 29 "specialized treatment unit".
6 30 New Code section 223.2 requires the department to establish
6 31 an expert mobile team, provides a purpose for the team, and
6 32 lists services to be provided by the team in support of public
6 33 and private providers of services.
6 34 New Code section 223.3 directs the department to operate or
6 35 contract for the operation of a specialized treatment unit for
7 1 persons in need of specialized treatment. The unit is to be a
7 2 secure facility.
7 3 New Code section 223.4 provides that a person can only be
7 4 committed by a court order committing a person to the unit.
7 5 Procedural provisions include a requirement for the department
7 6 to initiate an application for a commitment order through the
7 7 county attorney, the application and hearing notice must be
7 8 provided to the person and the person's attorney, a magistrate
7 9 or judicial hospitalization referee may hear the matter, and
7 10 the person shall remain confined pending an appeal of a
7 11 commitment order. The duration of an initial commitment order
7 12 is limited to 18 months and may be extended for a 12=month
7 13 period. If a subsequent evaluation indicates the person is no
7 14 longer in need of specialized treatment, the department is to
7 15 report to the court and the court is to act on the report. If
7 16 the court determines the person shall be released, the
7 17 specialized treatment unit and the expert mobile team are to
7 18 develop a transition plan for the court's approval.
7 19 New Code section 223.5 outlines how county and state
7 20 financial responsibility for the costs of the team and unit
7 21 are assessed to the state and counties and provides that
7 22 implementation of the bill is contingent upon the provision of
7 23 implementation funding. The department is directed to report
7 24 to the Iowa Code editor concerning the provision of funding.
7 25 The bill may include a state mandate as defined in Code
7 26 section 25B.3. The bill makes inapplicable Code section
7 27 25B.2, subsection 3, which would relieve a political
7 28 subdivision from complying with a state mandate if funding for
7 29 the cost of the state mandate is not provided or specified.
7 30 Therefore, political subdivisions are required to comply with
7 31 any state mandate included in the bill.
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