House File 2168 - Introduced
HOUSE FILE
BY JACOBS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the time period in which an involuntary
2 hospitalization hearing for chronic substance abusers and
3 mentally ill persons must be held.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6167HH 81
6 rh/je/5
PAG LIN
1 1 Section 1. Section 125.81, unnumbered paragraph 1, Code
1 2 2005, is amended to read as follows:
1 3 If a person filing an application requests that a
1 4 respondent be taken into immediate custody, and the court upon
1 5 reviewing the application and accompanying documentation,
1 6 finds probable cause to believe that the respondent is a
1 7 chronic substance abuser who is likely to injure the person or
1 8 other persons if allowed to remain at liberty, the court may
1 9 enter a written order directing that the respondent be taken
1 10 into immediate custody by the sheriff, and be detained until
1 11 the commitment hearing, which shall be held no more than five
1 12 three days after the date of the order, except that if the
1 13 fifth third day after the date of the order is a Saturday,
1 14 Sunday, or a holiday, the hearing may be held on the next
1 15 business day. The court may order the respondent detained for
1 16 the period of time until the hearing is held, and no longer
1 17 except as provided in section 125.88, in accordance with
1 18 subsection 1 if possible, and if not, then in accordance with
1 19 subsection 2 or, only if neither of these alternatives is
1 20 available in accordance with subsection 3. Detention may be:
1 21 Sec. 2. Section 229.11, unnumbered paragraph 1, Code 2005,
1 22 is amended to read as follows:
1 23 If the applicant requests that the respondent be taken into
1 24 immediate custody and the judge, upon reviewing the
1 25 application and accompanying documentation, finds probable
1 26 cause to believe that the respondent has a serious mental
1 27 impairment and is likely to injure the respondent or other
1 28 persons if allowed to remain at liberty, the judge may enter a
1 29 written order directing that the respondent be taken into
1 30 immediate custody by the sheriff or the sheriff's deputy and
1 31 be detained until the hospitalization hearing. The
1 32 hospitalization hearing shall be held no more than five three
1 33 days after the date of the order, except that if the fifth
1 34 third day after the date of the order is a Saturday, Sunday,
1 35 or a holiday, the hearing may be held on the next succeeding
2 1 business day. If the expenses of a respondent are payable in
2 2 whole or in part by a county, for a placement in accordance
2 3 with subsection 1, the judge shall give notice of the
2 4 placement to the central point of coordination process, and
2 5 for a placement in accordance with subsection 2 or 3, the
2 6 judge shall order the placement in a hospital or facility
2 7 designated through the central point of coordination process.
2 8 The judge may order the respondent detained for the period of
2 9 time until the hearing is held, and no longer, in accordance
2 10 with subsection 1 if possible, and if not then in accordance
2 11 with subsection 2 or, only if neither of these alternatives is
2 12 available, in accordance with subsection 3. Detention may be:
2 13 EXPLANATION
2 14 This bill relates to the time period in which an
2 15 involuntary hospitalization (commitment) hearing is held for
2 16 chronic substance abusers and mentally ill persons.
2 17 The bill provides that an involuntary hospitalization
2 18 hearing shall be held not more than three days after the date
2 19 of a court order directing that the substance abuser or
2 20 mentally ill person be taken into immediate custody by the
2 21 sheriff or the sheriff's deputy except that if the third day
2 22 after the date of the order is a Saturday, Sunday, or a
2 23 holiday, the hearing may be held on the next succeeding
2 24 business day. Current law provides that an involuntary
2 25 hospitalization hearing may be held up to five days after the
2 26 date of the order in such cases.
2 27 LSB 6167HH 81
2 28 rh:rj/je/5