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:
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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.
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