House File 2089 - Introduced
HOUSE FILE
BY HEATON
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 disabilities who pose a severe and persistent
3 threat to themselves or others by authorizing the creation of
4 an 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 5422YH 81
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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. } 15002.
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 812.6.
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 to access team services based upon the presence of a
2 25 person who may be in need of specialized treatment.
2 26 Sec. 3. NEW SECTION. 223.3 SPECIALIZED TREATMENT UNIT.
2 27 1. The department shall operate or contract for the
2 28 operation of a specialized treatment unit for persons
2 29 determined by the court to be persons in need of specialized
2 30 treatment.
2 31 2. The specialized treatment unit shall provide a
2 32 restricted, secure setting to safely address the needs of a
2 33 person in need of specialized treatment.
2 34 3. A departmental recommendation to the court for a
2 35 person's admission to the specialized treatment unit shall be
3 1 based upon an evaluation of the person performed by the unit
3 2 administrator and the expert mobile team or other qualified
3 3 person designated by the department to determine the potential
3 4 benefit to the person from admission to the unit. Other
3 5 recommendation criteria shall include a determination of
3 6 whether a person's behaviors have caused or have potential to
3 7 cause injury to the person or others; identification of the
3 8 person as meeting the definition of a person in need of
3 9 specialized treatment; an unsuccessful attempt by the expert
3 10 mobile team to develop an effective treatment for the person's
3 11 behavior or a determination that treatment cannot be safely
3 12 provided except in a restricted, secure setting; and a
3 13 specific assessment of the level of the person's dangerousness
3 14 indicating a high probability of harm occurring without
3 15 intervention.
3 16 Sec. 4. NEW SECTION. 223.4 COMMITMENT ORDER.
3 17 1. A person shall only be admitted to the specialized
3 18 treatment unit pursuant to a court order.
3 19 2. The following procedures shall apply to a hearing for a
3 20 commitment order to the specialized treatment unit held under
3 21 this section:
3 22 a. The department shall initiate a hearing for a
3 23 commitment order by making application to the court through
3 24 the county attorney. The county attorney may request a
3 25 hearing by ex parte written motion. Upon receiving the
3 26 motion, the court may issue an order for detention of the
3 27 person, if the person is not detained at the time of the
3 28 motion.
3 29 b. An application for a commitment order under this
3 30 section shall indicate the reasons for the application. The
3 31 person and the person's attorney shall be served notice of the
3 32 hearing and be provided with a copy of the application and the
3 33 notice.
3 34 c. The commitment hearing shall be held immediately upon
3 35 the person being brought before the court for the hearing
4 1 unless the person or the county attorney moves for a
4 2 continuance. A continuance granted on motion of the person
4 3 shall not exceed three calendar days. A continuance on motion
4 4 of the county attorney shall be granted only upon good cause
4 5 shown and shall not exceed three calendar days. The person
4 6 may be detained pending the hearing.
4 7 d. The person is entitled to representation by counsel,
4 8 including appointed counsel for indigent persons, and shall be
4 9 entitled to the right of cross=examination and to present
4 10 information, to testify, and to present witnesses on the
4 11 person's own behalf.
4 12 e. Information stated in, or offered in connection with,
4 13 any order entered pursuant to this section need not conform to
4 14 the formal rules of evidence.
4 15 f. Unless the person otherwise requests in writing, the
4 16 district court shall conduct the hearing as a private hearing,
4 17 and any order entered shall remain confidential as to the
4 18 public generally until the conclusion of the hearing.
4 19 g. The matter may be heard by a judicial hospitalization
4 20 referee or a magistrate. An appeal from a commitment order
4 21 entered under this section shall be addressed in the manner
4 22 provided for an involuntary hospitalization order under
4 23 section 229.21. The person shall remain in the specialized
4 24 treatment unit pending outcome of the appeal.
4 25 h. If the court issues a commitment order for placement of
4 26 the person in the specialized treatment unit, it shall be
4 27 accompanied by written findings of fact and the reasons for
4 28 the commitment order.
4 29 3. If the department recommends commitment of a person to
4 30 the specialized treatment unit, the department shall provide
4 31 to the court a written report of an evaluation of the person
4 32 performed in accordance with the criteria provided in section
4 33 223.3.
4 34 4. If the court determines the person is a person in need
4 35 of specialized treatment, the court shall commit the person to
5 1 the specialized treatment unit for a period of not more than
5 2 eighteen months or until an evaluation indicates the person no
5 3 longer meets the definition of a person in need of specialized
5 4 services. If supported by a departmental recommendation, the
5 5 court may extend the initial period of commitment by up to
5 6 twelve months.
5 7 5. The department shall report to the court annually
5 8 concerning a person committed to the specialized treatment
5 9 unit and more often as required by the court.
5 10 6. A person committed to the department of corrections
5 11 under section 812.6 is not eligible for a hearing or order
5 12 under this chapter.
5 13 7. If a subsequent evaluation indicates the person no
5 14 longer meets the definition of a person in need of specialized
5 15 treatment, the department shall submit a written report of the
5 16 evaluation to the court. The court shall furnish a copy of
5 17 the report to the person's attorney. The court shall examine
5 18 the report and take action as the court deems appropriate.
5 19 8. If the court determines that the person shall be
5 20 released from the specialized treatment unit, the unit
5 21 administrator and the expert mobile team shall develop a
5 22 transition plan for the person. The transition plan is
5 23 subject to approval by the court. The transition plan shall
5 24 identify the services to be provided by the expert mobile team
5 25 in the transition which may include any service implemented
5 26 pursuant to section 223.2.
5 27 Sec. 5. NEW SECTION. 223.5 FUNDING == CONTINGENT
5 28 EFFECTIVE DATE.
5 29 1. State or county financial responsibility for the costs
5 30 of services provided to a person by an expert mobile team or a
5 31 specialized treatment unit shall be determined in the same
5 32 manner as it is determined for other services provided to a
5 33 person with mental retardation or other developmental
5 34 disability, except as follows:
5 35 a. If the person is under the jurisdiction of the
6 1 department of corrections, the department of corrections is
6 2 responsible.
6 3 b. If the person is placed in a state resource center or
6 4 state mental health institute and has a county of legal
6 5 settlement, the county's responsibility shall be limited to a
6 6 capped amount in the manner provided in sections 222.73 and
6 7 230.20 with the remainder a state responsibility.
6 8 2. Implementation of this chapter is contingent upon
6 9 enactment of an appropriation for the implementation costs.
6 10 The department shall notify the Iowa Code editor if such an
6 11 appropriation is enacted. This subsection is repealed on June
6 12 30 immediately preceding the fiscal year for which an
6 13 implementation appropriation is made.
6 14 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection
6 15 3, shall not apply to this Act.
6 16 EXPLANATION
6 17 This bill relates to adult persons with a developmental
6 18 disability who pose a severe and persistent threat to
6 19 themselves or others by authorizing the department of human
6 20 services to create an expert mobile team and specialized
6 21 treatment unit and providing for a commitment process.
6 22 Implementation of the bill is contingent upon appropriation of
6 23 implementation funding.
6 24 The bill creates new Code chapter 223.
6 25 New Code section 223.1 defines the terms "department",
6 26 "developmental disability", "expert mobile team", "mental
6 27 retardation", "person in need of specialized treatment", and
6 28 "specialized treatment unit".
6 29 New Code section 223.2 requires the department to establish
6 30 an expert mobile team, provides a purpose for the team, and
6 31 lists services to be provided by the team in support of public
6 32 and private providers of services.
6 33 New Code section 223.3 directs the department to operate or
6 34 contract for the operation of a specialized treatment unit for
6 35 persons in need of specialized treatment. The unit is to be a
7 1 secure facility.
7 2 New Code section 223.4 provides that a person can only be
7 3 confined by a court order committing a person to the unit.
7 4 Procedural provisions include a requirement for the department
7 5 to initiate an application for a commitment order through the
7 6 county attorney, the application and hearing notice must be
7 7 provided to the person and the person's attorney, a magistrate
7 8 or judicial hospitalization referee may hear the matter, and
7 9 the person shall remain confined pending an appeal of a
7 10 commitment order. The duration of an initial commitment order
7 11 is limited to 18 months and may be extended for up to 12
7 12 months. If a subsequent evaluation indicates the person is no
7 13 longer in need of specialized treatment, the department is to
7 14 report to the court and the court is to act on the report. If
7 15 the court determines the person shall be released, the
7 16 specialized treatment unit and the expert mobile team are to
7 17 develop a transition plan for the court's approval.
7 18 New Code section 223.5 outlines how county and state
7 19 financial responsibility for the costs of the team and unit
7 20 are assessed to the state and counties and provides that
7 21 implementation of the bill is contingent upon the provision of
7 22 implementation funding. The department is directed to report
7 23 to the Iowa Code editor concerning the provision of funding.
7 24 The bill may include a state mandate as defined in Code
7 25 section 25B.3. The bill makes inapplicable Code section
7 26 25B.2, subsection 3, which would relieve a political
7 27 subdivision from complying with a state mandate if funding for
7 28 the cost of the state mandate is not provided or specified.
7 29 Therefore, political subdivisions are required to comply with
7 30 any state mandate included in the bill.
7 31 LSB 5422YH 81
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