HF 2399 (LSB 5849YH (9) 85)

HOUSE FILE 2399

BY  DAWSON

A BILL FOR

An Act relating to the involuntary commitment of persons with an intellectual disability.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  222.93  Involuntary commitment of persons.
   1.  A person may petition the court for commitment of a person with an intellectual disability under this chapter.
   2.  After a hearing on the petition, the court may involuntarily commit a person with an intellectual disability for treatment under this chapter if any of the following apply:
   a.  The person is likely to physically injure oneself or others if allowed to remain at liberty without treatment.
   b.  The person is likely to inflict serious emotional injury on the person’s family or others who lack a reasonable opportunity to avoid the person if the person is allowed to remain at liberty without treatment.
   c.  The person is unable to fulfill the basic needs of the person including but not limited to nourishment, clothing, essential medical care, or shelter so that it is likely that the person will suffer physical injury, physical debilitation, or death.
   3.  If a person is committed pursuant to subsection 2, the placement of the person shall be as follows:
   a.  Commit the person to any public or private facility within or without the state, approved by the director of human services.
   b.  Commit the person to the state resource center designated by the administrator to serve the county in which the hearing is being held, or to a special unit.
    Sec. 2.  Section 812.9, subsection 3, Code 2014, is amended to read as follows:
   3.  a.  Upon the termination of the defendant’s placement pursuant to subsection 1, or pursuant to section 812.8, subsection 8, the state may commence civil commitment proceedings or any other appropriate commitment proceedings.
   b.  If the defendant has an intellectual disability, the state may commence commitment proceedings for placement at a state resource center pursuant to section 222.93 or placement at a similar facility for persons with an intellectual disability.
    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the involuntary commitment of persons with an intellectual disability, including certain criminal defendants.
   Current law provides that if the court determines that a criminal defendant suffers from a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense, the court shall suspend the criminal proceedings pursuant to Code chapter 812 until the defendant’s mental competency is restored. Current law also specifies that such a placement shall not exceed the maximum term of confinement for the criminal offense for which the defendant stands accused or a determination is made that the defendant’s competency will not be restored in a reasonable amount of time.
   The bill specifies that a person may petition the court for commitment of a person with an intellectual disability, including a criminal defendant in some situations, under new Code section 222.93.
   The bill provides that after a hearing on the petition, the court may involuntarily commit a person with an intellectual disability under Code chapter 222, if any of the following apply: the person is likely to physically injure oneself or others if allowed to remain at liberty without treatment; the person is likely to inflict serious emotional injury on the person’s family or others who lack a reasonable opportunity to avoid the person if the person is allowed to remain at liberty without treatment, or the person is unable to fulfill the basic needs of the person so that it is likely that the person will suffer physical injury, physical debilitation, or death.
   Upon the commitment of a person with an intellectual disability, the court shall commit the person to any public or private facility within or without the state, approved by the director of human services, or commit the person to the state resource center designated by the administrator to serve the county in which the hearing is being held, or to a special unit established at a state mental health institute.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.