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 61.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. 1 182.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. 1 283.c. Issue a written order: 1 29a.(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 34b.(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: 2 131.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. 2 252.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. 2 283.c. Issue a written order which shall: 2 29a.(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 34b.(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