SF 2072 (LSB 1883SV (2) 83)

SENATE FILE 2072

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1136)

A BILL FOR

An Act relating to the detention of a person taken into immediate custody in an involuntary hospitalization proceeding and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 229.10, subsection 1, paragraph a, Code Supplement 2009, is amended to read as follows:
   a.  An examination of the respondent shall be conducted by one or more licensed physicians, as required by the court’s order, within a reasonable time. If the respondent is detained pursuant to section 229.11, subsection 1 3, paragraph “b”, the examination shall be conducted within twenty-four hours. If the respondent is detained pursuant to section 229.11, subsection 1 3, paragraph “a” or “c”, the examination shall be conducted within forty-eight hours. If the respondent so desires, the respondent shall be entitled to a separate examination by a licensed physician of the respondent’s own choice. The reasonable cost of the examinations shall, if the respondent lacks sufficient funds to pay the cost, be paid from county funds upon order of the court.
    Sec. 2.  Section 229.11, Code Supplement 2009, is amended to read as follows:
   229.11  Judge may order immediate custody.
   1.  If the applicant requests that the respondent be taken into immediate custody and the judge, upon reviewing the application and accompanying documentation, finds probable cause to believe that the respondent has a serious mental impairment and is likely to injure the respondent or other persons if allowed to remain at liberty, the judge may enter a written order directing that the respondent be taken into immediate custody by the sheriff or the sheriff’s deputy and be detained until the hospitalization hearing.
   2.  The hospitalization hearing shall be held no more than five days after the date of the order, except that if the fifth day after the date of the order is a Saturday, Sunday, or a holiday, the hearing may be held on the next succeeding business day.
   3.  If the expenses of a respondent are payable in whole or in part by a county, for a placement in accordance with paragraph “a”, the judge shall give notice of the placement to the central point of coordination process, and for a placement in accordance with paragraph “b” or “c”, the judge shall order the placement in a hospital or facility designated through the central point of coordination process. The judge may order the respondent detained for the period of time until the hearing is held, and no longer, in accordance with paragraph “a”, if possible, and if not then in accordance with paragraph “b”, or, only if neither of these alternatives is available, in accordance with paragraph “c”. Detention may be:
   a.  In the custody of a relative, friend or other suitable person who is willing to accept responsibility for supervision of the respondent, and the respondent may be placed under such reasonable restrictions as the judge may order including but not limited to restrictions on or a prohibition of any expenditure, encumbrance or disposition of the respondent’s funds or property; or.
   b.  In a suitable hospital the chief medical officer of which shall be informed of the reasons why immediate custody has been ordered and may provide treatment which is necessary to preserve the respondent’s life, or to appropriately control behavior by the respondent which is likely to result in physical injury to the respondent or to others if allowed to continue, but may not otherwise provide treatment to the respondent without the respondent’s consent; or.
   c.  In the nearest facility in the community which is licensed to care for persons with mental illness or substance abuse, provided that detention in a jail or other facility intended for confinement of those accused or convicted of crime shall not be ordered.
   4.  If the respondent is detained pursuant to subsection 3, paragraph “b” or “c”, hospital or facility personnel shall accept custody of the respondent from the sheriff or the sheriff’s deputy within two hours of the respondent’s arrival at the hospital or facility if the respondent has been evaluated by a physician within the previous six hours pursuant to court order and if all of the following conditions are met:
   a.  The hospital or facility has a bed available. The hospital or facility shall inform the sheriff or the sheriff’s deputy within thirty minutes of arrival of the availability of such a bed.
   b.  The respondent is not violent or in need of physical restraints.
   c.  The hospital’s or facility’s capacity to provide trauma care is not compromised.
   d.  The respondent does not require a health screening.
   e.  Acceptance of the respondent under the care of the hospital or facility does not place the hospital or facility in violation of the federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd.
   5.  Upon acceptance of custody of a respondent from a sheriff or a sheriff’s deputy and the departure of the sheriff or sheriff’s deputy from the hospital or facility, neither the hospital or facility nor any employee of the hospital or facility shall be liable for civil damages arising out of any violent acts committed by the respondent within or outside of the hospital or facility or the respondent’s escape or attempted escape from the hospital or facility.
   2.  6.  The clerk shall furnish copies of any orders to the respondent and to the applicant if the applicant files a written waiver signed by the respondent.
    Sec. 3.  Section 229.22, subsection 2, paragraph a, Code Supplement 2009, is amended to read as follows:
   a.  In the circumstances described in subsection 1, any peace officer who has reasonable grounds to believe that a person is mentally ill, and because of that illness is likely to physically injure the person’s self or others if not immediately detained, may without a warrant take or cause that person to be taken to the nearest available facility as defined in section 229.11, subsection 1 3, paragraphs “b” and “c”. A person believed mentally ill, and likely to injure the person’s self or others if not immediately detained, may be delivered to a hospital by someone other than a peace officer. Upon delivery of the person believed mentally ill to the hospital, the examining physician may order treatment of that person, including chemotherapy, but only to the extent necessary to preserve the person’s life or to appropriately control behavior by the person which is likely to result in physical injury to that person or others if allowed to continue. The peace officer who took the person into custody, or other party who brought the person to the hospital, shall describe the circumstances of the matter to the examining physician. If the person is a peace officer, the peace officer may do so either in person or by written report. If the examining physician finds that there is reason to believe that the person is seriously mentally impaired, and because of that impairment is likely to physically injure the person’s self or others if not immediately detained, the examining physician shall at once communicate with the nearest available magistrate as defined in section 801.4, subsection 10. The magistrate shall, based upon the circumstances described by the examining physician, give the examining physician oral instructions either directing that the person be released forthwith or authorizing the person’s detention in an appropriate facility. The magistrate may also give oral instructions and order that the detained person be transported to an appropriate facility.
EXPLANATION
   This bill relates to the detention of a person taken into immediate custody in an involuntary hospitalization proceeding.
   The bill provides that if a respondent who is the subject of an involuntary hospitalization proceeding has been taken into immediate custody and detained in a hospital or facility, hospital or facility personnel shall accept custody of the respondent from the sheriff or the sheriff’s deputy within two hours of the respondent’s arrival at the hospital or facility if the respondent has been evaluated by a physician within the previous six hours pursuant to court order and if the hospital or facility has a bed available with notice of availability to be made within 30 minutes of the sheriff’s arrival at the hospital or facility, the respondent is not violent or in need of physical restraints, the hospital’s or facility’s capacity to provide trauma care is not compromised, the respondent does not require a health screening, and acceptance of the respondent under the care of the hospital or facility does not place the hospital or facility in violation of the federal Emergency Medical Treatment and Active Labor Act.
   The bill provides that upon acceptance of custody of a respondent from a sheriff or a sheriff’s deputy and the departure of the sheriff or sheriff’s deputy from the hospital or facility, neither the hospital or facility nor any employee of the hospital or facility shall be liable for civil damages arising out of any violent acts committed by the respondent within or outside of the hospital or facility or the respondent’s escape or attempted escape from such hospital or facility.