S.F. 2072 Section 1. Section 229.10, subsection 1, paragraph a, Code 1 Supplement 2009, is amended to read as follows: 2 a. An examination of the respondent shall be conducted by 3 one or more licensed physicians, as required by the court’s 4 order, within a reasonable time. If the respondent is detained 5 pursuant to section 229.11, subsection 1 3 , paragraph “b” , 6 the examination shall be conducted within twenty-four hours. 7 If the respondent is detained pursuant to section 229.11, 8 subsection 1 3 , paragraph “a” or “c” , the examination shall 9 be conducted within forty-eight hours. If the respondent 10 so desires, the respondent shall be entitled to a separate 11 examination by a licensed physician of the respondent’s own 12 choice. The reasonable cost of the examinations shall, if the 13 respondent lacks sufficient funds to pay the cost, be paid from 14 county funds upon order of the court. 15 Sec. 2. Section 229.11, Code Supplement 2009, is amended to 16 read as follows: 17 229.11 Judge may order immediate custody. 18 1. If the applicant requests that the respondent be taken 19 into immediate custody and the judge, upon reviewing the 20 application and accompanying documentation, finds probable 21 cause to believe that the respondent has a serious mental 22 impairment and is likely to injure the respondent or other 23 persons if allowed to remain at liberty, the judge may enter 24 a written order directing that the respondent be taken into 25 immediate custody by the sheriff or the sheriff’s deputy and be 26 detained until the hospitalization hearing. 27 2. The hospitalization hearing shall be held no more than 28 five days after the date of the order, except that if the 29 fifth day after the date of the order is a Saturday, Sunday, 30 or a holiday, the hearing may be held on the next succeeding 31 business day. 32 3. If the expenses of a respondent are payable in whole 33 or in part by a county, for a placement in accordance with 34 paragraph “a” , the judge shall give notice of the placement to 35 -1- LSB 1883SV (2) 83 rh/rj 1/ 5

S.F. 2072 the central point of coordination process, and for a placement 1 in accordance with paragraph “b” or “c” , the judge shall order 2 the placement in a hospital or facility designated through the 3 central point of coordination process. The judge may order the 4 respondent detained for the period of time until the hearing 5 is held, and no longer, in accordance with paragraph “a” , if 6 possible, and if not then in accordance with paragraph “b” , 7 or, only if neither of these alternatives is available, in 8 accordance with paragraph “c” . Detention may be: 9 a. In the custody of a relative, friend or other suitable 10 person who is willing to accept responsibility for supervision 11 of the respondent, and the respondent may be placed under 12 such reasonable restrictions as the judge may order including 13 but not limited to restrictions on or a prohibition of any 14 expenditure, encumbrance or disposition of the respondent’s 15 funds or property ; or . 16 b. In a suitable hospital the chief medical officer of 17 which shall be informed of the reasons why immediate custody 18 has been ordered and may provide treatment which is necessary 19 to preserve the respondent’s life, or to appropriately control 20 behavior by the respondent which is likely to result in 21 physical injury to the respondent or to others if allowed 22 to continue, but may not otherwise provide treatment to the 23 respondent without the respondent’s consent ; or . 24 c. In the nearest facility in the community which is 25 licensed to care for persons with mental illness or substance 26 abuse, provided that detention in a jail or other facility 27 intended for confinement of those accused or convicted of crime 28 shall not be ordered. 29 4. If the respondent is detained pursuant to subsection 30 3, paragraph “b” or “c” , hospital or facility personnel 31 shall accept custody of the respondent from the sheriff or 32 the sheriff’s deputy within two hours of the respondent’s 33 arrival at the hospital or facility if the respondent has been 34 evaluated by a physician within the previous six hours pursuant 35 -2- LSB 1883SV (2) 83 rh/rj 2/ 5

S.F. 2072 to court order and if all of the following conditions are met: 1 a. The hospital or facility has a bed available. The 2 hospital or facility shall inform the sheriff or the sheriff’s 3 deputy within thirty minutes of arrival of the availability of 4 such a bed. 5 b. The respondent is not violent or in need of physical 6 restraints. 7 c. The hospital’s or facility’s capacity to provide trauma 8 care is not compromised. 9 d. The respondent does not require a health screening. 10 e. Acceptance of the respondent under the care of the 11 hospital or facility does not place the hospital or facility in 12 violation of the federal Emergency Medical Treatment and Active 13 Labor Act, 42 U.S.C. § 1395dd. 14 5. Upon acceptance of custody of a respondent from a 15 sheriff or a sheriff’s deputy and the departure of the sheriff 16 or sheriff’s deputy from the hospital or facility, neither 17 the hospital or facility nor any employee of the hospital or 18 facility shall be liable for civil damages arising out of any 19 violent acts committed by the respondent within or outside 20 of the hospital or facility or the respondent’s escape or 21 attempted escape from the hospital or facility. 22 2. 6. The clerk shall furnish copies of any orders to 23 the respondent and to the applicant if the applicant files a 24 written waiver signed by the respondent. 25 Sec. 3. Section 229.22, subsection 2, paragraph a, Code 26 Supplement 2009, is amended to read as follows: 27 a. In the circumstances described in subsection 1, any 28 peace officer who has reasonable grounds to believe that a 29 person is mentally ill, and because of that illness is likely 30 to physically injure the person’s self or others if not 31 immediately detained, may without a warrant take or cause that 32 person to be taken to the nearest available facility as defined 33 in section 229.11, subsection 1 3 , paragraphs “b” and “c” . A 34 person believed mentally ill, and likely to injure the person’s 35 -3- LSB 1883SV (2) 83 rh/rj 3/ 5

S.F. 2072 self or others if not immediately detained, may be delivered 1 to a hospital by someone other than a peace officer. Upon 2 delivery of the person believed mentally ill to the hospital, 3 the examining physician may order treatment of that person, 4 including chemotherapy, but only to the extent necessary to 5 preserve the person’s life or to appropriately control behavior 6 by the person which is likely to result in physical injury 7 to that person or others if allowed to continue. The peace 8 officer who took the person into custody, or other party 9 who brought the person to the hospital, shall describe the 10 circumstances of the matter to the examining physician. If the 11 person is a peace officer, the peace officer may do so either 12 in person or by written report. If the examining physician 13 finds that there is reason to believe that the person is 14 seriously mentally impaired, and because of that impairment is 15 likely to physically injure the person’s self or others if not 16 immediately detained, the examining physician shall at once 17 communicate with the nearest available magistrate as defined in 18 section 801.4, subsection 10. The magistrate shall, based upon 19 the circumstances described by the examining physician, give 20 the examining physician oral instructions either directing that 21 the person be released forthwith or authorizing the person’s 22 detention in an appropriate facility. The magistrate may also 23 give oral instructions and order that the detained person be 24 transported to an appropriate facility. 25 EXPLANATION 26 This bill relates to the detention of a person taken into 27 immediate custody in an involuntary hospitalization proceeding. 28 The bill provides that if a respondent who is the subject 29 of an involuntary hospitalization proceeding has been taken 30 into immediate custody and detained in a hospital or facility, 31 hospital or facility personnel shall accept custody of the 32 respondent from the sheriff or the sheriff’s deputy within two 33 hours of the respondent’s arrival at the hospital or facility 34 if the respondent has been evaluated by a physician within the 35 -4- LSB 1883SV (2) 83 rh/rj 4/ 5

S.F. 2072 previous six hours pursuant to court order and if the hospital 1 or facility has a bed available with notice of availability 2 to be made within 30 minutes of the sheriff’s arrival at the 3 hospital or facility, the respondent is not violent or in need 4 of physical restraints, the hospital’s or facility’s capacity 5 to provide trauma care is not compromised, the respondent 6 does not require a health screening, and acceptance of the 7 respondent under the care of the hospital or facility does not 8 place the hospital or facility in violation of the federal 9 Emergency Medical Treatment and Active Labor Act. 10 The bill provides that upon acceptance of custody of a 11 respondent from a sheriff or a sheriff’s deputy and the 12 departure of the sheriff or sheriff’s deputy from the 13 hospital or facility, neither the hospital or facility nor 14 any employee of the hospital or facility shall be liable for 15 civil damages arising out of any violent acts committed by the 16 respondent within or outside of the hospital or facility or the 17 respondent’s escape or attempted escape from such hospital or 18 facility. 19 -5- LSB 1883SV (2) 83 rh/rj 5/ 5