H.F. 2336 DIVISION I 1 MENTAL HEALTH AND SUBSTANCE ABUSE 2 COMMITMENT PROCESS 3 Section 1. NEW SECTION . 229.1C Joint workgroup. 4 1. The general assembly finds that regular communication 5 among persons who are involved with individuals experiencing a 6 mental health crisis before, during, and after an involuntary 7 commitment is essential for improving the involuntary 8 commitment process and the provision of associated services. 9 2. The department of human services and the judicial branch 10 shall jointly facilitate one or more meetings each year of a 11 workgroup to discuss the involuntary commitment process under 12 this chapter and chapter 125, and the services provided before, 13 during, and after the process. To the extent relevant to the 14 discussion, representatives of all of the following shall be 15 involved in the workgroup: 16 a. District judges, district associate judges, judicial 17 hospitalization referees, and associate juvenile judges. 18 b. County central point of coordination administrators. 19 c. County attorneys. 20 d. Public defenders and private attorneys. 21 e. County sheriffs. 22 f. Clerks of court. 23 g. Community mental health centers and alternative 24 providers, hospitals, and qualified mental health 25 professionals. 26 h. Department of human services, department of public 27 health, and other state agencies. 28 i. Mental health advocates appointed under this chapter. 29 j. Persons who have been involuntarily committed for serious 30 mental impairment or as a chronic substance abuser or family 31 members of such person. 32 k. Advocates for persons with serious mental impairments or 33 who are chronic substance abusers. 34 3. The workgroup shall annually report findings and 35 -1- LSB 5271YH (5) 83 jp/rj 1/ 5

H.F. 2336 recommendations to the governor and general assembly. 1 Initially the workgroup shall analyze the roles performed in 2 the civil commitment process to identify areas of improvement 3 and how to improve consistency in the process across the state. 4 Sec. 2. NEW SECTION . 229.1D Evaluation before application. 5 To the extent possible within available funding, the 6 department of human services shall work with appropriate 7 parties to incrementally implement pilot projects and other 8 measures to provide, prior to a voluntary or involuntary 9 application being filed under this chapter or chapter 125, 10 a mental health evaluation of children and adults who are 11 experiencing a mental health crisis. 12 DIVISION II 13 LAW ENFORCEMENT AGENCY CONTACT 14 Sec. 3. Section 125.34, subsection 2, Code 2009, is amended 15 to read as follows: 16 2. If no facility is readily available the person may 17 be taken to an emergency medical service customarily used 18 for incapacitated persons. The peace officer in detaining 19 the person and in taking the person to a facility shall make 20 every reasonable effort to protect the person’s health and 21 safety. In detaining the person the detaining officer may take 22 reasonable steps for self-protection. Detaining a person under 23 section 125.91 is not an arrest and no entry or other record 24 shall be made to indicate that the person who is detained has 25 been arrested or charged with a crime except for an entry 26 or other record relating to an arrest upon discharge that is 27 permissible under section 125.91 . 28 Sec. 4. Section 125.91, subsection 2, Code Supplement 2009, 29 is amended by adding the following new paragraph: 30 NEW PARAGRAPH . aa. In circumstances where a peace officer 31 delivers a person to the facility and the peace officer 32 notifies the facility, in writing, that the person is to 33 be arrested upon discharge, the facility shall notify the 34 law enforcement agency that employs the peace officer by 35 -2- LSB 5271YH (5) 83 jp/rj 2/ 5

H.F. 2336 telephone or electronic mail at least six hours prior to the 1 planned discharge of the person from the facility. If the law 2 enforcement agency does not retrieve the person prior to the 3 time of the planned discharge, the person may be discharged as 4 planned. 5 Sec. 5. Section 229.22, subsection 2, paragraph a, Code 6 Supplement 2009, is amended to read as follows: 7 a. In the circumstances described in subsection 1 , any 8 peace officer who has reasonable grounds to believe that 9 a person is mentally ill, and because of that illness is 10 likely to physically injure the person’s self or others 11 if not immediately detained, may without a warrant take 12 or cause that person to be taken to the nearest available 13 facility hospital as defined in section 229.11, subsection 1 , 14 paragraphs “b” and “c” . A person believed mentally ill, and 15 likely to injure the person’s self or others if not immediately 16 detained, may be delivered to a hospital by someone other 17 than a peace officer. Upon delivery of the person believed 18 mentally ill to the hospital, the examining physician may order 19 treatment of that person, including chemotherapy, but only 20 to the extent necessary to preserve the person’s life or to 21 appropriately control behavior by the person which is likely to 22 result in physical injury to that person or others if allowed 23 to continue. The peace officer who took the person into 24 custody, or other party who brought the person to the hospital, 25 shall describe the circumstances of the matter to the examining 26 physician. If the person is a peace officer, the peace officer 27 may do so either in person or by written report. If the 28 examining physician finds that there is reason to believe that 29 the person is seriously mentally impaired, and because of that 30 impairment is likely to physically injure the person’s self or 31 others if not immediately detained, the examining physician 32 shall at once communicate with the nearest available magistrate 33 as defined in section 801.4, subsection 10 . The magistrate 34 shall, based upon the circumstances described by the examining 35 -3- LSB 5271YH (5) 83 jp/rj 3/ 5

H.F. 2336 physician, give the examining physician oral instructions 1 either directing that the person be released forthwith or 2 authorizing the person’s detention in an appropriate facility. 3 The magistrate may also give oral instructions and order that 4 the detained person be transported to an appropriate facility. 5 Sec. 6. Section 229.22, subsection 2, Code Supplement 2009, 6 is amended by adding the following new paragraph: 7 NEW PARAGRAPH . aa. In circumstances where a peace officer 8 delivers a person to the hospital and the peace officer 9 notifies the hospital, in writing, that the person is to be 10 arrested upon discharge or release, the hospital shall notify 11 the law enforcement agency that employs the peace officer by 12 telephone or electronic mail at least six hours prior to the 13 planned discharge or release of the person from the hospital. 14 If the law enforcement agency does not retrieve the person 15 prior to the time of the planned discharge or release, the 16 person may be discharged or released as planned. 17 EXPLANATION 18 This bill relates to mental health and substance abuse 19 requirements and services. The bill is divided into divisions. 20 CODE CHAPTER 229. This division adds two new Code sections 21 to Code chapter 229, relating to hospitalization of persons 22 with mental illness. 23 New Code section 229.1C states legislative findings 24 regarding the need for regular communication among those 25 involved with the involuntary commitment process and requires 26 the department of human services and judicial branch to 27 convene a workgroup to meet one or more times annually. 28 Representatives of various parties who are normally engaged 29 before, during, or after the involuntary commitment process are 30 listed to be a part of the workgroup. An annual report to the 31 governor and general assembly is required. 32 New Code section 229.1D requires the department of human 33 services to work with appropriate parties to incrementally 34 implement pilot projects and other measures to provide, 35 -4- LSB 5271YH (5) 83 jp/rj 4/ 5

H.F. 2336 prior to a voluntary or involuntary application being filed 1 under Code chapter 125 or 229, a mental health evaluation 2 of children and adults who are experiencing a mental health 3 crisis. Implementation is limited to the extent of the funding 4 available. 5 LAW ENFORCEMENT AGENCY CONTACT. This division relates 6 to the emergency detention or hospitalization of a person 7 incapacitated by a chemical substance or with a serious mental 8 impairment. 9 The division applies to persons who are not under arrest but 10 who will be placed under arrest upon discharge or release from 11 the facility or hospital treating the person. 12 If a peace officer delivers a person to a facility for 13 detention due to incapacitation from a chemical substance, 14 and the peace officer indicates the person is to be arrested 15 upon discharge from the facility, the facility is required 16 to contact the law enforcement agency that employs the peace 17 officer by telephone or electronic mail at least six hours 18 prior to the planned discharge of the person from the facility. 19 If the law enforcement agency does not retrieve the person 20 prior to the time of the planned discharge, the person may be 21 discharged as planned. 22 If a peace officer delivers a person to a hospital for 23 emergency hospitalization for a serious mental impairment, and 24 the peace officer indicates the person is to be arrested upon 25 discharge or release from the hospital, the hospital shall 26 contact the law enforcement agency that employs the peace 27 officer by telephone or electronic mail at least six hours 28 prior to the planned discharge or release of the person from 29 the hospital. If the law enforcement agency does not retrieve 30 the person prior to the time of the planned discharge or 31 release, the person may be discharged or released as planned. 32 -5- LSB 5271YH (5) 83 jp/rj 5/ 5