Senate File 198 - Introduced



                                       SENATE FILE       
                                       BY  WARNSTADT


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

                                      A BILL FOR

  1 An Act relating to the transportation of a respondent in a
  2    substance abuse or mental health commitment or treatment
  3    proceeding.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2569XS 81
  6 rh/pj/5

PAG LIN



  1  1    Section 1.  Section 125.78, Code 2005, is amended to read
  1  2 as follows:
  1  3    125.78  PROCEDURE AFTER APPLICATION.
  1  4    1.  As soon as practical after the filing of an application
  1  5 for involuntary commitment or treatment, the court shall:
  1  6    1.  a.  Determine whether the respondent has an attorney
  1  7 who is able and willing to represent the respondent in the
  1  8 commitment proceeding, and if not, whether the respondent is
  1  9 financially able to employ an attorney and capable of
  1 10 meaningfully assisting in selecting an attorney.  In
  1 11 accordance with those determinations, the court shall allow
  1 12 the respondent to select an attorney or shall assign an
  1 13 attorney to the respondent.  If the respondent is financially
  1 14 unable to pay an attorney, the county shall compensate the
  1 15 attorney at an hourly rate to be established by the county
  1 16 board of supervisors in substantially the same manner as
  1 17 provided in section 815.7.
  1 18    2.  b.  If the application includes a request for a court=
  1 19 appointed attorney for the applicant and the court is
  1 20 satisfied that a court=appointed attorney is necessary to
  1 21 assist the applicant in a meaningful presentation of the
  1 22 evidence, and that the applicant is financially unable to
  1 23 employ an attorney, the court shall appoint an attorney to
  1 24 represent the applicant and the county shall compensate the
  1 25 attorney at an hourly rate to be established by the county
  1 26 board of supervisors in substantially the same manner as
  1 27 provided in section 815.7.
  1 28    3.  c.  Issue a written order:
  1 29    a.  (1)  Scheduling a tentative time and place for a
  1 30 hearing, subject to the findings of the report required under
  1 31 section 125.80, subsections 3 and 4, but not less than forty=
  1 32 eight hours after notice to the respondent, unless the
  1 33 respondent waives the forty=eight=hour notice requirement.
  1 34    b.  (2)  Requiring an examination of the respondent, prior
  1 35 to the hearing, by one or more licensed physicians who shall
  2  1 submit a written report of the examination to the court as
  2  2 required by section 125.80.
  2  3    2.  The court may enter a written order after the filing of
  2  4 an application for involuntary commitment or treatment
  2  5 directing the sheriff to transport the respondent to court
  2  6 hearings and to a hospital or other appropriate facility for
  2  7 evaluation, treatment, or placement.
  2  8    Sec. 2.  Section 229.8, Code 2005, is amended to read as
  2  9 follows:
  2 10    229.8  PROCEDURE AFTER APPLICATION IS FILED.
  2 11    1.  As soon as practicable after the filing of an
  2 12 application for involuntary hospitalization, the court shall:
  2 13    1.  a.  Determine whether the respondent has an attorney
  2 14 who is able and willing to represent the respondent in the
  2 15 hospitalization proceeding, and if not, whether the respondent
  2 16 is financially able to employ an attorney and capable of
  2 17 meaningfully assisting in selecting one.  In accordance with
  2 18 those determinations, the court shall if necessary allow the
  2 19 respondent to select, or shall assign to the respondent, an
  2 20 attorney.  If the respondent is financially unable to pay an
  2 21 attorney, the attorney shall be compensated by the county at
  2 22 an hourly rate to be established by the county board of
  2 23 supervisors in substantially the same manner as provided in
  2 24 section 815.7.
  2 25    2.  b.  Cause copies of the application and supporting
  2 26 documentation to be sent to the county attorney or the county
  2 27 attorney's attorney=designate for review.
  2 28    3.  c.  Issue a written order which shall:
  2 29    a.  (1)  If not previously done, set a time and place for a
  2 30 hospitalization hearing, which shall be at the earliest
  2 31 practicable time not less than forty=eight hours after notice
  2 32 to the respondent, unless the respondent waives such minimum
  2 33 prior notice requirement; and
  2 34    b.  (2)  Order an examination of the respondent, prior to
  2 35 the hearing, by one or more licensed physicians who shall
  3  1 submit a written report on the examination to the court as
  3  2 required by section 229.10.
  3  3    2.   The court may enter a written order after the filing
  3  4 of an application for involuntary hospitalization directing
  3  5 the sheriff to transport the respondent to court hearings and
  3  6 to a hospital or other appropriate facility for evaluation,
  3  7 treatment, or placement.
  3  8                           EXPLANATION
  3  9    This bill allows the court to enter a written order after
  3 10 the filing of an application for involuntary commitment or
  3 11 treatment in a substance abuse proceeding or for involuntary
  3 12 hospitalization in a mental health proceeding directing the
  3 13 sheriff to transport the respondent to court hearings and to a
  3 14 hospital or other appropriate facility for evaluation,
  3 15 treatment, or placement.  "Respondent" means a person against
  3 16 whom an application for involuntary commitment or treatment or
  3 17 hospitalization has been filed under Code section 125.75 or
  3 18 229.6.
  3 19 LSB 2569XS 81
  3 20 rh:nh/pj/5