S.F. 2352 Section 1. Section 229.22, subsections 2 and 3, Code 1 Supplement 2009, are amended to read as follows: 2 2. a. In the circumstances described in subsection 1, 3 any peace officer who has reasonable grounds to believe that 4 a person is mentally ill, and because of that illness is 5 likely to physically injure the person’s self or others if 6 not immediately detained, may without a warrant take or cause 7 that person to be taken to the nearest available facility or 8 hospital as defined in section 229.11, subsection 1, paragraphs 9 “b” and “c” . A person believed mentally ill, and likely to 10 injure the person’s self or others if not immediately detained, 11 may be delivered to a facility or hospital by someone other 12 than a peace officer. Upon delivery of the person believed 13 mentally ill to the hospital, the examining physician may 14 order treatment of that person, including chemotherapy, but 15 only to the extent necessary to preserve the person’s life 16 or to appropriately control behavior by the person which is 17 likely to result in physical injury to that person or others 18 if allowed to continue. The peace officer who took the person 19 into custody, or other party who brought the person to the 20 facility or hospital, shall describe the circumstances of 21 the matter to the examining physician. If the person is a 22 peace officer, the peace officer may do so either in person 23 or by written report. If the examining physician finds 24 that there is reason to believe that the person is seriously 25 mentally impaired, and because of that impairment is likely 26 to physically injure the person’s self or others if not 27 immediately detained, the examining physician shall at once 28 communicate with the nearest available magistrate as defined in 29 section 801.4, subsection 10. The magistrate shall, based upon 30 the circumstances described by the examining physician, give 31 the examining physician oral instructions either directing that 32 the person be released forthwith or authorizing the person’s 33 detention in an appropriate facility. A peace officer from the 34 law enforcement agency that took the person into custody, if 35 -1- LSB 5010SV (5) 83 jm/rj 1/ 4

S.F. 2352 available, during the communication with the magistrate, may 1 inform the magistrate that an arrest warrant has been issued 2 for or charges are pending against the person and request that 3 any oral or written order issued under this subsection require 4 the facility or hospital to notify the law enforcement agency 5 about the discharge of the person prior to discharge. The 6 magistrate may also give oral instructions and order that the 7 detained person be transported to an appropriate facility. 8 b. If the magistrate orders that the person be detained, 9 the magistrate shall, by the close of business on the next 10 working day, file a written order with the clerk in the county 11 where it is anticipated that an application may be filed 12 under section 229.6. The order may be filed by facsimile if 13 necessary. A peace officer from the law enforcement agency 14 that took the person into custody, if no request was made 15 under paragraph “a” , may inform the magistrate that an arrest 16 warrant has been issued for or charges are pending against the 17 person and request that any written order issued under this 18 paragraph require the facility or hospital to notify the law 19 enforcement agency about the discharge of the person prior to 20 discharge. The order shall state the circumstances under which 21 the person was taken into custody or otherwise brought to a 22 facility or hospital , and the grounds supporting the finding 23 of probable cause to believe that the person is seriously 24 mentally impaired and likely to injure the person’s self or 25 others if not immediately detained. The order shall also 26 include any law enforcement agency notification requirements if 27 applicable. The order shall confirm the oral order authorizing 28 the person’s detention including any order given to transport 29 the person to an appropriate facility. A peace officer 30 from the law enforcement agency that took the person into 31 custody may also request an order, separate from the written 32 order, requiring the facility or hospital to notify the law 33 enforcement agency about the discharge of the person prior to 34 discharge. The clerk shall provide a copy of that the written 35 -2- LSB 5010SV (5) 83 jm/rj 2/ 4

S.F. 2352 order or any separate order to the chief medical officer of the 1 facility or hospital to which the person was originally taken, 2 to any subsequent facility to which the person was transported, 3 and to any law enforcement department or ambulance service that 4 transported the person pursuant to the magistrate’s order. 5 3. The chief medical officer of the facility or hospital 6 shall examine and may detain and care for the person taken 7 into custody under the magistrate’s order for a period not to 8 exceed forty-eight hours from the time such order is dated, 9 excluding Saturdays, Sundays and holidays, unless the order 10 is sooner dismissed by a magistrate , or the law enforcement 11 agency has been notified of the discharge of the person as 12 required by the order of the magistrate and the law enforcement 13 agency has retrieved the person or is en route to retrieve the 14 person . The facility or hospital may provide treatment which 15 is necessary to preserve the person’s life, or to appropriately 16 control behavior by the person which is likely to result in 17 physical injury to the person’s self or others if allowed 18 to continue, but may not otherwise provide treatment to the 19 person without the person’s consent. The person shall be 20 discharged from the facility or hospital and released from 21 custody not later than the expiration of that period, unless 22 an application for the person’s involuntary hospitalization is 23 sooner filed with the clerk pursuant to section 229.6. Prior 24 to such discharge the facility or hospital shall, if required 25 by the order of the magistrate, notify the law enforcement 26 agency requesting such notification about the discharge of the 27 person. The detention of any person by the procedure and not 28 in excess of the period of time prescribed by this section 29 shall not render the peace officer, physician , facility, or 30 hospital so detaining that person liable in a criminal or 31 civil action for false arrest or false imprisonment if the 32 peace officer, physician , facility, or hospital had reasonable 33 grounds to believe the person so detained was mentally ill and 34 likely to physically injure the person’s self or others if not 35 -3- LSB 5010SV (5) 83 jm/rj 3/ 4

S.F. 2352 immediately detained , or if the law enforcement agency has been 1 notified of the discharge of the person pursuant to the order 2 of the magistrate and the law enforcement agency is en route 3 to retrieve the person . 4 EXPLANATION 5 This bill relates to the emergency hospitalization of a 6 person with a serious mental impairment. 7 The bill provides that a facility specified in Code section 8 229.22 also includes a hospital as provided in Code section 9 229.11(1). 10 The bill provides that if a peace officer delivers a person 11 to a facility for emergency hospitalization for a serious 12 mental impairment, and an arrest warrant has been issued for or 13 charges are pending against the person, the peace officer may 14 request that any oral or written court order require a facility 15 to notify the law enforcement agency about the discharge of the 16 person prior to discharge of the person from the facility. 17 Under the bill a peace officer from the law enforcement 18 agency may make this request to the magistrate during the 19 communication with the magistrate at the facility, prior to the 20 magistrate issuing the written order by the close of business 21 on the next working day, or may request an order that is 22 separate from the written order, which requires the facility to 23 notify the law enforcement agency about the discharge of the 24 person prior to discharge. 25 The bill requires the facility to notify the law enforcement 26 agency about the discharge of the person prior to such 27 discharge, if any order from a magistrate requires such 28 notification. 29 The bill provides that a person may be detained in excess of 30 48 hours from the time the magistrate’s order is dated, if the 31 law enforcement agency is en route to retrieve the person. 32 -4- LSB 5010SV (5) 83 jm/rj 4/ 4