Senate File 238 - Introduced SENATE FILE BY HATCH Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to involuntary commitment hearings in substance 2 abuse and mental health cases. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2787XS 81 5 rh/pj/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 thanfive1 12 three days after the date of the order, except that if the 1 13fifththird day after the date of the order is a Saturday, 1 14 Sunday, or a holiday, the hearing may be held on the next 1 15 business day. The court may order the respondent detained for 1 16 the period of time until the hearing is held, and no longer 1 17 except as provided in section 125.88, in accordance with 1 18 subsection 1 if possible, and if not, then in accordance with 1 19 subsection 2 or, only if neither of these alternatives is 1 20 available in accordance with subsection 3. Detention may be: 1 21 Sec. 2. Section 229.11, unnumbered paragraph 1, Code 2005, 1 22 is amended to read as follows: 1 23 If the applicant requests that the respondent be taken into 1 24 immediate custody and the judge, upon reviewing the 1 25 application and accompanying documentation, finds probable 1 26 cause to believe that the respondent has a serious mental 1 27 impairment and is likely to injure the respondent or other 1 28 persons if allowed to remain at liberty, the judge may enter a 1 29 written order directing that the respondent be taken into 1 30 immediate custody by the sheriff or the sheriff's deputy and 1 31 be detained until the hospitalization hearing. The 1 32 hospitalization hearing shall be held no more thanfivethree 1 33 days after the date of the order, except that if thefifth1 34 third day after the date of the order is a Saturday, Sunday, 1 35 or a holiday, the hearing may be held on the next succeeding 2 1 business day. If the expenses of a respondent are payable in 2 2 whole or in part by a county, for a placement in accordance 2 3 with subsection 1, the judge shall give notice of the 2 4 placement to the central point of coordination process, and 2 5 for a placement in accordance with subsection 2 or 3, the 2 6 judge shall order the placement in a hospital or facility 2 7 designated through the central point of coordination process. 2 8 The judge may order the respondent detained for the period of 2 9 time until the hearing is held, and no longer, in accordance 2 10 with subsection 1 if possible, and if not then in accordance 2 11 with subsection 2 or, only if neither of these alternatives is 2 12 available, in accordance with subsection 3. Detention may be: 2 13 EXPLANATION 2 14 This bill relates to involuntary commitment hearings in 2 15 substance abuse and mental health cases. 2 16 The bill provides that an involuntary civil commitment 2 17 hearing in a substance abuse or mental health case shall be 2 18 held no later than three days after a court order directing 2 19 that the person against whom an application for involuntary 2 20 commitment has been filed be taken into immediate custody. 2 21 Current law allows the hearing to be held no more than five 2 22 days after such a person has been detained in both cases. 2 23 LSB 2787XS 81 2 24 rh:nh/pj/5