House File 2639 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 2168)
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 6167HV 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 or, upon a showing of
1 13 good cause, no more than five days after the date of the
1 14 order, except that if the third or fifth day after the date of
1 15 the order is a Saturday, Sunday, or a holiday, the hearing may
1 16 be held on the next business day. The court may order the
1 17 respondent detained for the period of time until the hearing
1 18 is held, and no longer except as provided in section 125.88,
1 19 in accordance with subsection 1 if possible, and if not, then
1 20 in accordance with subsection 2 or, only if neither of these
1 21 alternatives is available in accordance with subsection 3.
1 22 Detention may be:
1 23 Sec. 2. Section 229.11, unnumbered paragraph 1, Code 2005,
1 24 is amended to read as follows:
1 25 If the applicant requests that the respondent be taken into
1 26 immediate custody and the judge, upon reviewing the
1 27 application and accompanying documentation, finds probable
1 28 cause to believe that the respondent has a serious mental
1 29 impairment and is likely to injure the respondent or other
1 30 persons if allowed to remain at liberty, the judge may enter a
1 31 written order directing that the respondent be taken into
1 32 immediate custody by the sheriff or the sheriff's deputy and
1 33 be detained until the hospitalization hearing. The
1 34 hospitalization hearing shall be held no more than five three
1 35 days after the date of the order or, upon a showing of good
2 1 cause, no more than five days after the date of the order,
2 2 except that if the third or fifth day after the date of the
2 3 order is a Saturday, Sunday, or a holiday, the hearing may be
2 4 held on the next succeeding business day. If the expenses of
2 5 a respondent are payable in whole or in part by a county, for
2 6 a placement in accordance with subsection 1, the judge shall
2 7 give notice of the placement to the central point of
2 8 coordination process, and for a placement in accordance with
2 9 subsection 2 or 3, the judge shall order the placement in a
2 10 hospital or facility designated through the central point of
2 11 coordination process. The judge may order the respondent
2 12 detained for the period of time until the hearing is held, and
2 13 no longer, in accordance with subsection 1 if possible, and if
2 14 not then in accordance with subsection 2 or, only if neither
2 15 of these alternatives is available, in accordance with
2 16 subsection 3. Detention may be:
2 17 EXPLANATION
2 18 This bill relates to the time period in which an
2 19 involuntary hospitalization (commitment) hearing is held for
2 20 chronic substance abusers and mentally ill persons.
2 21 The bill provides that an involuntary hospitalization
2 22 hearing shall be held not more than three days after the date
2 23 of a court order directing that the substance abuser or
2 24 mentally ill person be taken into immediate custody by the
2 25 sheriff or the sheriff's deputy or, upon a showing of good
2 26 cause, no more than five days after the date of the order,
2 27 except that if the third or fifth day after the date of the
2 28 order is a Saturday, Sunday, or a holiday, the hearing may be
2 29 held on the next succeeding business day. Current law
2 30 provides that an involuntary hospitalization hearing may be
2 31 held up to five days after the date of the order in such
2 32 cases.
2 33 LSB 6167HV 81
2 34 rh:rj/je/5