House Study Bill 576



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL BRANCH
                                            BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to involuntary hospitalization proceedings for
  2    chronic substance abusers and persons with mental illness.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5404DP 81
  5 rh/gg/14

PAG LIN



  1  1    Section 1.  Section 125.82, subsections 1 and 3, Code 2005,
  1  2 are amended to read as follows:
  1  3    1.  At a commitment hearing, evidence in support of the
  1  4 contentions made in the application shall be presented by the
  1  5 applicant, or by an attorney for the applicant, or by the
  1  6 county attorney if the county attorney is the applicant.
  1  7 During the hearing the applicant and the respondent shall be
  1  8 afforded an opportunity to testify and to present and cross=
  1  9 examine witnesses, and the court may receive the testimony of
  1 10 other interested persons.  If the respondent is present at the
  1 11 hearing, as provided in subsection 3, and has been medicated
  1 12 within twelve hours, or a longer period of time as the court
  1 13 may designate, prior to the beginning of the hearing or a
  1 14 session of the hearing, the court shall be informed of that
  1 15 fact and of the probable effects of the medication upon
  1 16 convening of the hearing.
  1 17    3.  The person who filed the application and a physician or
  1 18 professional who has examined the respondent in connection
  1 19 with the commitment hearing shall be present at the hearing,
  1 20 unless prior to the hearing the court for good cause finds
  1 21 that their presence or testimony is not necessary.  The
  1 22 respondent and applicant may waive the presence or telephonic
  1 23 appearance of the physician or professional who examined the
  1 24 respondent and agree to submit as evidence the written report
  1 25 of the physician or professional.  "Good cause" for finding
  1 26 that the testimony of the physician or professional who
  1 27 examined the respondent is not necessary may include, but is
  1 28 not limited to, such a waiver.  If the court determines that
  1 29 the testimony of the physician or professional is necessary,
  1 30 the court may allow the physician or professional to testify
  1 31 by telephone.  The respondent shall be present at the hearing
  1 32 unless prior to the hearing the respondent's attorney
  1 33 stipulates in writing that the attorney has conversed with the
  1 34 respondent, and that in the attorney's judgment the respondent
  1 35 cannot make a meaningful contribution to the hearing, or that
  2  1 the respondent has waived the right to be present, and the
  2  2 basis for the attorney's conclusions.  A stipulation to the
  2  3 respondent's absence shall be reviewed by the court before the
  2  4 hearing, and may be rejected if it appears that insufficient
  2  5 grounds are stated or that the respondent's interests would
  2  6 not be served by the respondent's absence.
  2  7    Sec. 2.  Section 229.10, subsection 1, unnumbered paragraph
  2  8 1, Code 2005, is amended to read as follows:
  2  9    An examination of the respondent shall be conducted by one
  2 10 or more licensed physicians, as required by the court's order,
  2 11 within a reasonable time.  If the respondent is detained
  2 12 pursuant to section 229.11, subsection 2, the examination
  2 13 shall be conducted within twenty=four hours.  If the
  2 14 respondent is detained pursuant to section 229.11, subsection
  2 15 1 or 3, the examination shall be conducted within forty=eight
  2 16 hours.  If the respondent so desires, the respondent shall be
  2 17 entitled to a separate examination by a licensed physician of
  2 18 the respondent's own choice.  The reasonable cost of such
  2 19 separate examination the examinations shall, if the respondent
  2 20 lacks sufficient funds to pay the cost, be paid from county
  2 21 funds upon order of the court.
  2 22    Sec. 3.  Section 229.12, subsection 3, Code 2005, is
  2 23 amended to read as follows:
  2 24    3.  The respondent's welfare shall be paramount and the
  2 25 hearing shall be conducted in as informal a manner as may be
  2 26 consistent with orderly procedure, but consistent therewith
  2 27 the issue shall be tried as a civil matter.  Such discovery as
  2 28 is permitted under the Iowa rules of civil procedure shall be
  2 29 available to the respondent.  The court shall receive all
  2 30 relevant and material evidence which may be offered and need
  2 31 not be bound by the rules of evidence.  There shall be a
  2 32 presumption in favor of the respondent, and the burden of
  2 33 evidence in support of the contentions made in the application
  2 34 shall be upon the applicant.  The physician or professional
  2 35 who examined the respondent shall be present at the hearing
  3  1 unless prior to the hearing the court for good cause finds
  3  2 that the physician's or professional's presence or testimony
  3  3 is not necessary.  The respondent and applicant may waive the
  3  4 presence or the telephonic appearance of the physician or
  3  5 professional who examined the respondent and agree to submit
  3  6 as evidence the written report of the physician or
  3  7 professional.  "Good cause" for finding that the testimony of
  3  8 the physician or professional who examined the respondent is
  3  9 not necessary may include, but is not limited to, such a
  3 10 waiver.  If the court determines that the testimony of the
  3 11 physician or professional is necessary, the court may allow
  3 12 the physician or the professional to testify by telephone.  If
  3 13 upon completion of the hearing the court finds that the
  3 14 contention that the respondent is seriously mentally impaired
  3 15 has not been sustained by clear and convincing evidence, it
  3 16 shall deny the application and terminate the proceeding.
  3 17                           EXPLANATION
  3 18    This bill relates to involuntary hospitalization
  3 19 proceedings for chronic substance abusers and persons with
  3 20 mental illness.
  3 21    The bill provides that evidence in support of an
  3 22 application for commitment or treatment of a chronic substance
  3 23 abuser shall be presented by the county attorney at an
  3 24 involuntary hospitalization hearing.  Current law allows the
  3 25 applicant or person who filed the application, an attorney for
  3 26 the applicant, or the county attorney to present such
  3 27 evidence.
  3 28    The bill provides that a physician or professional who
  3 29 examined a suspected chronic substance abuser or person with
  3 30 mental illness shall be present at an involuntary commitment
  3 31 or treatment hearing or an involuntary hospitalization hearing
  3 32 unless the court for good cause finds prior to either hearing
  3 33 the presence or testimony of the physician or professional is
  3 34 not necessary.  In such a case, the respondent and applicant
  3 35 may waive the presence or telephonic appearance of the
  4  1 physician or professional and agree to submit the physician's
  4  2 or professional's written report as evidence.  If the court
  4  3 finds such testimony is necessary, the court may allow the
  4  4 physician or professional to testify by telephone.
  4  5    The bill also makes a change to language relating to the
  4  6 cost of physician examinations of persons with mental illness
  4  7 to conform to similar language that currently applies to
  4  8 chronic substance abusers.
  4  9 LSB 5404DP 81
  4 10 rh:rj/gg/14