House File 265 - Introduced HOUSE FILE 265 BY DAWSON A BILL FOR An Act relating to the involuntary commitment of a person with 1 an intellectual disability who presents a danger to self or 2 others, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1002YH (5) 86 rh/rj

H.F. 265 Section 1. Section 222.2, Code 2015, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 3A. “Chemotherapy” means the same as 3 defined in section 229.1. 4 NEW SUBSECTION . 3B. “Clerk” means the clerk of the district 5 court. 6 NEW SUBSECTION . 3C. “Danger to self or others” describes 7 the condition of a person with an intellectual disability who, 8 because of that intellectual disability, meets any of the 9 following criteria: 10 a. Is likely to physically injure the person’s self or 11 others if allowed to remain at liberty without treatment. 12 b. Is likely to inflict serious emotional injury on the 13 person’s family or others who lack a reasonable opportunity 14 to avoid contact with the person if the person is allowed to 15 remain at liberty without treatment. 16 c. Is unable to fulfill the basic needs of the person 17 including but not limited to nourishment, clothing, essential 18 medical care, or shelter so that it is likely that the person 19 will suffer physical injury, physical debilitation, or death. 20 NEW SUBSECTION . 5A. “Mental health professional” means the 21 same as defined in section 228.1. 22 NEW SUBSECTION . 5B. “Physician” means a physician licensed 23 under chapter 148. 24 NEW SUBSECTION . 5C. “Psychologist” means a psychologist 25 licensed under chapter 154B. 26 NEW SUBSECTION . 5D. “Respondent” means any person against 27 whom an application has been filed under section 222.93, but 28 who has not been finally ordered committed for full-time 29 custody care and treatment in a state resource center or an 30 appropriate public or private facility. 31 NEW SUBSECTION . 5E. “Serious emotional injury” means the 32 same as defined in section 229.1. 33 Sec. 2. NEW SECTION . 222.93 Application for order of 34 involuntary commitment. 35 -1- LSB 1002YH (5) 86 rh/rj 1/ 31

H.F. 265 1. Proceedings for the involuntary commitment of a person 1 with an intellectual disability who presents a danger to 2 self or others may be commenced by any interested person by 3 filing a verified application with the clerk of the county 4 where the respondent is presently located, or in which the 5 respondent’s place of residence is located. The clerk, or the 6 clerk’s designee, shall assist the applicant in completing the 7 application. 8 2. The application shall state the applicant’s belief that 9 the respondent is a person with an intellectual disability who 10 presents a danger to self or others. 11 3. The application shall be accompanied by any of the 12 following: 13 a. A written statement of a physician or psychologist in 14 support of the application. 15 b. One or more supporting affidavits otherwise corroborating 16 the application. 17 c. Corroborative information obtained and reduced to 18 writing by the clerk or the clerk’s designee, but only when 19 circumstances make it infeasible to comply with, or when the 20 clerk considers it appropriate to supplement the information 21 supplied pursuant to either paragraph “a” or “b” . 22 Sec. 3. NEW SECTION . 222.94 Service of notice upon 23 respondent. 24 Upon the filing of an application pursuant to section 25 222.93, the clerk shall docket the case and immediately notify 26 a district judge, district associate judge, or magistrate who 27 is admitted to the practice of law in this state, who shall 28 review the application and accompanying documentation. If 29 the application is adequate as to form, the court may set a 30 time and place for a hearing on the application, if feasible, 31 but the hearing shall not be held less than forty-eight hours 32 after notice to the respondent unless the respondent waives 33 such minimum prior notice requirement. The court shall direct 34 the clerk to send copies of the application and supporting 35 -2- LSB 1002YH (5) 86 rh/rj 2/ 31

H.F. 265 documentation, together with a notice informing the respondent 1 of the procedures required by this chapter, to the sheriff or 2 the sheriff’s deputy for immediate service upon the respondent. 3 If the respondent is taken into custody under section 222.99, 4 service of the application, documentation, and notice upon the 5 respondent shall be made at the time the respondent is taken 6 into custody. 7 Sec. 4. NEW SECTION . 222.95 Involuntary proceedings —— 8 minors —— jurisdiction. 9 The juvenile court has exclusive original jurisdiction in 10 proceedings concerning a minor for whom an application is filed 11 under section 222.93. In proceedings concerning a minor’s 12 involuntary commitment or treatment, the term “court” , “judge” , 13 or “clerk” means the juvenile court, judge, or clerk. 14 Sec. 5. NEW SECTION . 222.96 Procedure after application 15 filed. 16 As soon as practicable after the filing of an application 17 pursuant to section 222.93, the court shall do all of the 18 following: 19 1. Determine whether the respondent has an attorney 20 who is able and willing to represent the respondent in the 21 commitment proceeding, and if not, whether the respondent 22 is financially able to employ an attorney and capable of 23 meaningfully assisting in selecting one. In accordance with 24 those determinations, the court shall if necessary allow the 25 respondent to select, or shall assign an attorney for the 26 respondent. If the respondent is financially unable to pay 27 an attorney, the attorney shall be compensated by the county 28 at an hourly rate to be established by the county board of 29 supervisors in substantially the same manner as provided in 30 section 815.7. 31 2. Cause copies of the application and supporting 32 documentation to be sent to the county attorney or the county 33 attorney’s attorney-designate for review. 34 3. Issue a written order which shall do all of the 35 -3- LSB 1002YH (5) 86 rh/rj 3/ 31

H.F. 265 following: 1 a. If not previously done, set a time and place for a 2 commitment hearing, which shall be at the earliest practicable 3 time not less than forty-eight hours after notice to the 4 respondent, unless the respondent waives such minimum prior 5 notice requirement. 6 b. Order an examination of the respondent, prior to the 7 hearing, by one or more physicians or psychologists who shall 8 submit a written report on the examination to the court as 9 required by section 222.98. 10 Sec. 6. NEW SECTION . 222.97 Respondent’s attorney informed. 11 The court shall direct the clerk to furnish at once to the 12 respondent’s attorney copies of the application filed pursuant 13 to section 222.93 and the supporting documentation, and of the 14 court’s order issued pursuant to section 222.96, subsection 15 3. If the respondent is taken into custody under section 16 222.99, the attorney shall also be advised of that fact. The 17 respondent’s attorney shall represent the respondent at all 18 stages of the proceedings, and shall attend the commitment 19 hearing. 20 Sec. 7. NEW SECTION . 222.98 Examination report. 21 1. a. An examination of the respondent shall be conducted 22 by one or more physicians or psychologists, as required by the 23 court’s order issued pursuant to section 222.96, subsection 24 3, within a reasonable time. If the respondent is detained 25 pursuant to section 222.99, subsection 1, paragraph “b” , 26 the examination shall be conducted within twenty-four hours. 27 If the respondent is detained pursuant to section 222.99, 28 subsection 1, paragraph “a” or “c” , the examination shall 29 be conducted within forty-eight hours. If the respondent 30 so desires, the respondent shall be entitled to a separate 31 examination by a physician or psychologist of the respondent’s 32 own choice. The reasonable cost of the examinations shall, if 33 the respondent lacks sufficient funds to pay the cost, be paid 34 from county funds upon order of the court. 35 -4- LSB 1002YH (5) 86 rh/rj 4/ 31

H.F. 265 b. A physician or psychologist conducting an examination 1 pursuant to this section may consult with or request the 2 participation in the examination of any mental health 3 professional, and may include with or attach to the written 4 report of the examination any findings or observations by any 5 mental health professional who has been so consulted or has so 6 participated in the examination. 7 c. If the respondent is not taken into custody under 8 section 222.99, but the court is subsequently informed that 9 the respondent has declined to be examined by the physician or 10 psychologist pursuant to the court order, the court may order 11 such limited detention of the respondent as is necessary to 12 facilitate the examination of the respondent by the physician 13 or psychologist. 14 2. A written report of the examination by the 15 court-designated physician or psychologist shall be filed with 16 the clerk prior to the time set for hearing. A written report 17 of any examination by a physician or psychologist chosen by the 18 respondent may be similarly filed. The clerk shall immediately 19 do all of the following: 20 a. Cause the report or reports to be shown to the judge who 21 issued the order requiring the examination. 22 b. Cause the respondent’s attorney to receive a copy of the 23 report of the court-designated physician or psychologist. 24 3. If the report of the court-designated physician or 25 psychologist is to the effect that the intellectually disabled 26 individual does not present a danger to self or others, 27 the court may without taking further action terminate the 28 proceeding and dismiss the application on its own motion and 29 without notice. 30 4. If the report of the court-designated physician or 31 psychologist is to the effect that the respondent is a person 32 with an intellectual disability who presents a danger to 33 self or others, the court shall schedule a hearing on the 34 application as soon as possible. The hearing shall be held 35 -5- LSB 1002YH (5) 86 rh/rj 5/ 31

H.F. 265 not more than forty-eight hours after the report is filed, 1 excluding Saturdays, Sundays, and holidays, unless an extension 2 for good cause is requested by the respondent, or as soon 3 thereafter as possible if the court considers that sufficient 4 grounds exist for delaying the hearing. 5 Sec. 8. NEW SECTION . 222.99 Judge may order immediate 6 custody. 7 1. If the applicant requests that the respondent be taken 8 into immediate custody and the judge, upon reviewing the 9 application and accompanying documentation, finds probable 10 cause to believe that the respondent has an intellectual 11 disability and is likely to injure the respondent’s self or 12 others if allowed to remain at liberty, the judge may enter 13 a written order directing that the respondent be taken into 14 immediate custody by the sheriff or the sheriff’s deputy and 15 be detained until the commitment hearing. The commitment 16 hearing shall be held no more than five days after the date of 17 the order, except that if the fifth day after the date of the 18 order is a Saturday, Sunday, or a holiday, the hearing may be 19 held on the next succeeding business day. If the expenses of 20 a respondent are payable in whole or in part by a county, for 21 a placement in accordance with paragraph “a” , the judge shall 22 give notice of the placement to the regional administrator 23 for the respondent’s county of residence, and for a placement 24 in accordance with paragraph “b” , the judge shall order the 25 placement in a public or private facility designated through 26 the regional administrator for the respondent’s county of 27 residence. The judge may order the respondent detained for 28 the period of time until the hearing is held, and no longer, 29 in accordance with paragraph “a” , if possible, and if not then 30 in accordance with paragraph “b” , or, only if neither of these 31 alternatives is available, in accordance with paragraph “c” . 32 Placement may be: 33 a. In the custody of a relative, friend, or other suitable 34 person who is willing to accept responsibility for supervision 35 -6- LSB 1002YH (5) 86 rh/rj 6/ 31

H.F. 265 of the respondent, and the respondent may be placed under 1 such reasonable restrictions as the judge may order including 2 but not limited to restrictions on or a prohibition of any 3 expenditure, encumbrance, or disposition of the respondent’s 4 funds or property. 5 b. In a suitable public or private facility within 6 or without the state, approved by the director of human 7 services, which facility shall be informed of the reasons why 8 immediate custody has been ordered and may provide treatment 9 which is necessary to preserve the respondent’s life, or to 10 appropriately control behavior by the respondent which is 11 likely to result in physical injury to the respondent or 12 others if allowed to continue, but shall not otherwise provide 13 treatment to the respondent without the respondent’s consent. 14 c. In a state resource center or to a special unit, provided 15 that detention in a jail or other facility intended for 16 confinement of those accused or convicted of crime shall not 17 be ordered. 18 2. The clerk shall furnish copies of any orders to the 19 respondent and to the applicant if the applicant files a 20 written waiver signed by the respondent. 21 Sec. 9. NEW SECTION . 222.100 Hearing procedure —— findings. 22 1. At the commitment hearing, evidence in support of the 23 contentions made in the application shall be presented by the 24 county attorney. During the hearing the applicant and the 25 respondent shall be afforded an opportunity to testify and 26 to present and cross-examine witnesses, and the court may 27 receive the testimony of any other interested person. The 28 respondent has the right to be present at the hearing. If 29 the respondent exercises that right and has been medicated 30 within twelve hours, or such longer period of time as the 31 court may designate, prior to the beginning of the hearing 32 or an adjourned session thereof, the judge shall be informed 33 upon convening of the hearing of that fact and of the probable 34 effects of the medication. 35 -7- LSB 1002YH (5) 86 rh/rj 7/ 31

H.F. 265 2. All persons not necessary for the conduct of the 1 hearing shall be excluded, except that the court may admit 2 persons having a legitimate interest to attend the hearing. 3 Upon motion of the county attorney, the judge may exclude 4 the respondent from the hearing during the testimony of any 5 particular witness if the judge determines that the witness’s 6 testimony is likely to cause the respondent severe emotional 7 trauma. 8 3. The respondent’s welfare shall be paramount and the 9 hearing shall be conducted in as informal a manner as may be 10 consistent with orderly procedure, but consistent therewith 11 the issue shall be tried as a civil matter. Such discovery 12 as is permitted under the Iowa rules of civil procedure shall 13 be available to the respondent. The court shall receive 14 all relevant and material evidence which may be offered and 15 need not be bound by the rules of evidence. There shall be 16 a presumption in favor of the respondent, and the burden of 17 evidence in support of the contentions made in the application 18 shall be upon the applicant. 19 4. The physician or psychologist who examined the 20 respondent shall be present at the hearing unless the court 21 for good cause finds that the physician’s or psychologist’s 22 presence is not necessary. The applicant, respondent, and the 23 respondent’s attorney may waive the presence or the telephonic 24 appearance of the physician or psychologist who examined the 25 respondent and agree to submit as evidence the written report 26 of the physician or psychologist. The respondent’s attorney 27 shall inform the court if the respondent’s attorney reasonably 28 believes that the respondent, due to diminished capacity, 29 cannot make an adequately considered waiver decision. “Good 30 cause” for finding that the testimony of the physician or 31 psychologist who examined the respondent is not necessary may 32 include but is not limited to such a waiver. If the court 33 determines that the testimony of the physician or psychologist 34 is necessary, the court may allow the physician or the 35 -8- LSB 1002YH (5) 86 rh/rj 8/ 31

H.F. 265 psychologist to testify by telephone. 1 5. The court shall deny the application and terminate 2 the commitment hearing if upon completion of the hearing the 3 court does not find by clear and convincing evidence that the 4 respondent is a person with an intellectual disability who 5 presents a danger to self or others. 6 6. If the respondent is not taken into custody under section 7 222.99, but the court subsequently finds good cause to believe 8 that the respondent is about to depart from the jurisdiction of 9 the court, the court may order such limited detention of the 10 respondent as is authorized by section 222.99 and is necessary 11 to ensure that the respondent will not depart from the 12 jurisdiction of the court without the court’s approval until 13 the proceeding relative to the respondent has been concluded. 14 7. The clerk shall furnish copies of any orders to the 15 respondent and to the applicant if the applicant files a 16 written waiver signed by the respondent. 17 Sec. 10. NEW SECTION . 222.101 Commitment order. 18 1. Upon completion of the commitment hearing the court shall 19 commit the respondent to the custody of the superintendent 20 of a state resource center if it is established by clear 21 and convincing evidence that the respondent is a person with 22 an intellectual disability who presents a danger to self or 23 others. 24 2. The superintendent shall coordinate with the regional 25 administrator for the respondent’s county of residence in 26 identifying any public or private facilities, either within or 27 without the state, which would be an appropriate alternative to 28 the continued placement of the respondent in the state resource 29 center. If an appropriate public or private facility is 30 available and is willing to accept placement of the respondent, 31 the superintendent may transfer the respondent to that public 32 or private facility. 33 3. The superintendent of a state resource center in 34 coordination with the regional administrator for the 35 -9- LSB 1002YH (5) 86 rh/rj 9/ 31

H.F. 265 respondent’s county of residence may modify the placement of 1 the respondent as appropriate. 2 4. The superintendent shall report to the court any changes 3 in the placement of the respondent. 4 Sec. 11. NEW SECTION . 222.102 Contested placement —— notice 5 and hearing. 6 1. The respondent or the regional administrator of 7 the respondent’s county of residence may challenge the 8 superintendent’s placement of the respondent. A request for 9 a placement hearing may be signed by the respondent, the 10 respondent’s next friend, guardian, or attorney or by the 11 regional administrator of the respondent’s county of residence. 12 2. a. A placement hearing shall be held no sooner than four 13 days and no later than seven days after the request for the 14 placement hearing is filed unless otherwise agreed to by the 15 parties. 16 b. The respondent may be transferred to the placement 17 designated by the superintendent unless a request for hearing 18 is filed prior to the transfer. If the request for a placement 19 hearing is filed prior to the transfer, the court shall 20 determine where the respondent shall be detained until the date 21 of the hearing. 22 c. If the respondent’s attorney has withdrawn, the court 23 shall appoint an attorney for the respondent in the manner 24 described in section 222.96. 25 3. Time periods shall be calculated for the purposes of this 26 section excluding weekends and official holidays. 27 4. If a respondent’s expenses are payable in whole or 28 in part by a county, notice of a placement hearing shall be 29 provided to the county attorney and the regional administrator 30 of the respondent’s county of residence. At the hearing, the 31 county attorney may present evidence regarding appropriate 32 placement. 33 5. In a placement hearing, the court shall determine a 34 placement for the respondent taking into consideration the 35 -10- LSB 1002YH (5) 86 rh/rj 10/ 31

H.F. 265 evidence presented by all the parties. 1 6. A placement made pursuant to an order entered under 2 this section shall be considered to be authorized through the 3 regional administrator of the respondent’s county of residence. 4 Sec. 12. NEW SECTION . 222.103 Discharge and termination 5 of proceedings. 6 1. When the condition of a respondent committed under 7 section 222.101, subsection 1, is such that in the opinion 8 of the superintendent the respondent no longer requires 9 commitment, the superintendent shall tentatively discharge the 10 respondent and immediately report that fact to the court which 11 ordered the respondent’s commitment. 12 2. Upon receiving the report, the court shall either: 13 a. Issue an order confirming the respondent’s discharge from 14 custody and terminating the proceeding pursuant to which the 15 order of commitment was issued. 16 b. Review the order committing the respondent. If the court 17 reviews the order of commitment and continues the commitment, 18 the court must find that the requirements for commitment under 19 section 222.101, subsection 1, continue to apply. 20 Sec. 13. NEW SECTION . 222.104 Escape from custody. 21 A person who is committed to a state resource center or 22 public or private facility under section 222.99 or under 23 section 222.101 shall remain at the state resource center or 24 public or private facility unless discharged or otherwise 25 permitted to leave by the court, the superintendent of the 26 state resource center, or the administrator of the public or 27 private facility. If a person placed at a state resource 28 center or public or private facility leaves the state resource 29 center or public or private facility without having been 30 discharged or without permission, the superintendent or person 31 in charge of the public or private facility may notify the 32 sheriff of the person’s absence and the sheriff shall take the 33 person into custody and return the person promptly to the state 34 resource center or public or private facility. 35 -11- LSB 1002YH (5) 86 rh/rj 11/ 31

H.F. 265 Sec. 14. NEW SECTION . 222.105 Status of respondent during 1 appeal. 2 If a respondent appeals to the supreme court from a finding 3 that the contention that the respondent is a person with an 4 intellectual disability who presents a danger to self or 5 others has been sustained, and the respondent was previously 6 ordered taken into immediate custody under section 222.99 or 7 has been placed in a state resource center or public or private 8 facility for appropriate treatment under section 222.101 before 9 the court is informed of intent to appeal its finding, the 10 respondent shall remain in custody as previously ordered by the 11 court, the time limit stated in section 222.99 notwithstanding, 12 or shall remain in the state resource center or public or 13 private facility, subject to compliance by the state resource 14 center or public or private facility with sections 222.101 15 through 222.104, as the case may be, unless the supreme court 16 orders otherwise. If a respondent appeals to the supreme court 17 regarding a placement order, the respondent shall remain in 18 placement unless the supreme court orders otherwise. 19 Sec. 15. NEW SECTION . 222.106 Status of respondent if 20 commitment is delayed. 21 When the court directs that a respondent who was previously 22 ordered taken into immediate custody under section 222.99 23 be placed in a state resource center or public or private 24 facility for appropriate treatment under section 222.101, and 25 no suitable state resource center or public or private facility 26 can immediately admit the respondent, the respondent shall 27 remain in custody as previously ordered by the court, the 28 time limit stated in section 222.99 notwithstanding, until a 29 suitable state resource center or public or private facility 30 can admit the respondent. The court shall take appropriate 31 steps to expedite the admission of the respondent to a suitable 32 state resource center or public or private facility at the 33 earliest feasible time. 34 Sec. 16. NEW SECTION . 222.107 Commitment —— emergency 35 -12- LSB 1002YH (5) 86 rh/rj 12/ 31

H.F. 265 procedure. 1 1. The procedure prescribed by this section shall be used 2 when it appears that a person should be immediately detained 3 because the respondent is a person with an intellectual 4 disability who presents a danger to self or others and an 5 application has not been filed naming the person as the 6 respondent pursuant to section 222.93 or the person cannot be 7 ordered into immediate custody and detained pursuant to section 8 222.99. 9 2. a. (1) In the circumstances described in subsection 10 1, any peace officer who has reasonable grounds to believe 11 that a person believed to have an intellectual disability 12 who presents a danger to self or others if not immediately 13 detained, may without a warrant take or cause that person to 14 be taken to the nearest available state resource center or 15 public or private facility as described in section 222.99, 16 subsection 1, paragraph “b” or “c” . A person believed to have 17 an intellectual disability who presents a danger to self or 18 others if not immediately detained may be delivered to a state 19 resource center or public or private facility by someone other 20 than a peace officer. 21 (2) Upon delivery of the person believed to have an 22 intellectual disability who presents a danger to self or others 23 to the state resource center or public or private facility, 24 the examining physician or examining psychologist may order 25 treatment of the person, including chemotherapy, but only 26 to the extent necessary to preserve the person’s life or to 27 appropriately control behavior by the person which is likely to 28 result in physical injury to that person or others if allowed 29 to continue. 30 (3) The peace officer who took the person into custody, 31 or other party who brought the person to the state resource 32 center or public or private facility, shall describe the 33 circumstances of the matter to the examining physician or 34 examining psychologist. If the person is a peace officer, the 35 -13- LSB 1002YH (5) 86 rh/rj 13/ 31

H.F. 265 peace officer may do so either in person or by written report. 1 (4) If the examining physician or examining psychologist 2 finds that there is reason to believe that the person is a 3 person with an intellectual disability who presents a danger 4 to self or others if not immediately detained, the examining 5 physician or examining psychologist shall at once communicate 6 with the nearest available magistrate as defined in section 7 801.4, subsection 10. 8 (5) The magistrate shall, based upon the circumstances 9 described by the examining physician or examining psychologist, 10 give the examining physician or examining psychologist 11 oral instructions either directing that the person be 12 released forthwith or authorizing the person’s detention in 13 an appropriate state resource center or public or private 14 facility. A peace officer from the law enforcement agency 15 that took the person into custody, if available, during the 16 communication with the magistrate, may inform the magistrate 17 that an arrest warrant has been issued for or charges are 18 pending against the person and request that any oral or 19 written order issued under this subsection require the state 20 resource center or public or private facility to notify the law 21 enforcement agency about the discharge of the person prior to 22 discharge. The magistrate may also give oral instructions and 23 order that the detained person be transported to an appropriate 24 state resource center or public or private facility. 25 b. If the magistrate orders that the person be detained, the 26 magistrate shall, by the close of business on the next working 27 day, file a written order with the clerk in the county where it 28 is anticipated that an application may be filed under section 29 222.93. The order may be filed by facsimile if necessary. A 30 peace officer from the law enforcement agency that took the 31 person into custody, if no request was made under paragraph 32 “a” , may inform the magistrate that an arrest warrant has 33 been issued for or charges are pending against the person and 34 request that any written order issued under this paragraph 35 -14- LSB 1002YH (5) 86 rh/rj 14/ 31

H.F. 265 require the state resource center or public or private facility 1 to notify the law enforcement agency about the discharge of 2 the person prior to discharge. The order shall state the 3 circumstances under which the person was taken into custody 4 or otherwise brought to a state resource center or public or 5 private facility, and the grounds supporting the finding of 6 probable cause to believe that the person is a person with an 7 intellectual disability who presents a danger to self or others 8 if not immediately detained. The order shall also include any 9 law enforcement agency notification requirements if applicable. 10 The written order shall confirm the oral order authorizing the 11 person’s detention including any order given to transport the 12 person to an appropriate state resource center or public or 13 private facility. A peace officer from the law enforcement 14 agency that took the person into custody may also request an 15 order, separate from the written order, requiring the state 16 resource center or public or private facility to notify the 17 law enforcement agency about the discharge of the person prior 18 to discharge. The clerk shall provide a copy of the written 19 order or any separate order to the superintendent of the state 20 resource center or the administrator of the public or private 21 facility to which the person was originally taken, to any 22 subsequent state resource center or public or private facility 23 to which the person was transported, and to any law enforcement 24 department or ambulance service that transported the person 25 pursuant to the magistrate’s order. 26 c. If an arrest warrant has been issued for or charges are 27 pending against the person, but no court order exists requiring 28 notification to a law enforcement agency under paragraph “a” or 29 “b” , and if the peace officer delivers the person to a state 30 resource center or public or private facility and the peace 31 officer notifies the state resource center or public or private 32 facility in writing on a form prescribed by the department 33 of public safety that the state resource center or public or 34 private facility shall notify the law enforcement agency about 35 -15- LSB 1002YH (5) 86 rh/rj 15/ 31

H.F. 265 the discharge of the person prior to discharge, the state 1 resource center or public or private facility shall do all of 2 the following: 3 (1) Notify the dispatch of the law enforcement agency that 4 employs the peace officer by telephone prior to the discharge 5 of the person from the state resource center or public or 6 private facility. 7 (2) Notify the law enforcement agency that employs the peace 8 officer by electronic mail prior to the discharge of the person 9 from the state resource center or public or private facility. 10 3. The superintendent of a state resource center or the 11 administrator of the public or private facility shall examine 12 and may detain and care for the person taken into custody under 13 the magistrate’s order for a period not to exceed forty-eight 14 hours from the time such order is dated, excluding Saturdays, 15 Sundays, and holidays, unless the order is sooner dismissed by 16 a magistrate. The state resource center or public or private 17 facility may provide treatment which is necessary to preserve 18 the person’s life, or to appropriately control behavior by the 19 person which is likely to result in physical injury to the 20 person’s self or others if allowed to continue, but shall not 21 otherwise provide treatment to the person without the person’s 22 consent. The person shall be discharged from the state 23 resource center or public or private facility and released from 24 custody not later than the expiration of that period, unless an 25 application is sooner filed with the clerk pursuant to section 26 222.93. Prior to such discharge, the state resource center or 27 public or private facility shall, if required by this section, 28 notify the law enforcement agency requesting such notification 29 about the discharge of the person. The law enforcement 30 agency shall retrieve the person no later than six hours after 31 notification from the state resource center or public or 32 private facility but in no circumstances shall the detention of 33 the person exceed the period of time prescribed for detention 34 by this subsection. The detention of a person by the procedure 35 -16- LSB 1002YH (5) 86 rh/rj 16/ 31

H.F. 265 and not in excess of the period of time prescribed by this 1 section shall not render the peace officer, physician, state 2 resource center, or public or private facility so detaining the 3 person liable in a criminal or civil action for false arrest 4 or false imprisonment if the peace officer, physician, state 5 resource center, or public or private facility had reasonable 6 grounds to believe the person so detained was a person with an 7 intellectual disability and likely to physically injure the 8 person’s self or others if not immediately detained, or if 9 the state resource center or public or private facility was 10 required to notify a law enforcement agency by this section, 11 and the law enforcement agency requesting notification prior to 12 discharge retrieved the person no later than six hours after 13 the notification, and the detention prior to the retrieval of 14 the person did not exceed the period of time prescribed for 15 detention by this subsection. 16 4. The cost of placement of a person detained temporarily by 17 the procedure prescribed in this section shall be paid by the 18 procedure prescribed in sections 222.50 and 222.60. 19 5. The department of public safety shall prescribe the form 20 to be used when a law enforcement agency desires notification 21 under this section from a state resource center or public or 22 private facility prior to discharge of a person admitted to 23 the state resource center or public or private facility and 24 for whom an arrest warrant has been issued or against whom 25 charges are pending. The form shall be consistent with all 26 laws, regulations, and rules relating to the confidentiality or 27 privacy of personal information or medical records, including 28 but not limited to the federal Health Insurance Portability 29 and Accountability Act of 1996, Pub. L. No. 104-191, and 30 regulations promulgated in accordance with that Act and 31 published in 45 C.F.R. pts. 160-164. 32 6. A state resource center or public or private facility, 33 which has been notified by a peace officer or a law enforcement 34 agency by delivery of a form as prescribed by the department of 35 -17- LSB 1002YH (5) 86 rh/rj 17/ 31

H.F. 265 public safety indicating that an arrest warrant has been issued 1 for or charges are pending against a person admitted to the 2 state resource center or public or private facility, that does 3 not notify the law enforcement agency about the discharge of 4 the person as required by subsection 2, paragraph “c” , shall pay 5 a civil penalty as provided in section 805.8C, subsection 9. 6 Sec. 17. NEW SECTION . 222.108 Records of involuntary 7 commitment proceeding to be confidential. 8 1. All papers and records pertaining to any involuntary 9 commitment ordered under this chapter or application filed 10 pursuant to section 222.93 of any person, whether part of the 11 permanent record of the court or of a file in the department of 12 human services, are subject to inspection only upon an order of 13 the court for good cause shown. 14 2. If authorized in writing by a person who has been the 15 subject of any involuntary proceeding under this chapter, or by 16 the parent or guardian of the person, information regarding the 17 person which is confidential under subsection 1 may be released 18 to any other designated person. 19 3. If all or part of the costs associated with the 20 commitment of an individual under this chapter are chargeable 21 to a county of residence, the clerk shall provide to the county 22 of residence and to the county in which the commitment order 23 is entered the following information pertaining to the person 24 which would be confidential under subsection 1: 25 a. Administrative information, as defined in section 228.1. 26 b. An examination order under this chapter and the location 27 of the individual’s placement under the order. 28 c. A commitment or placement order under this chapter and 29 the location of the person’s placement under the order. 30 d. The date, location, and disposition of any hearing 31 concerning the person held under this chapter. 32 e. Any payment source available for the costs of the 33 person’s care. 34 4. This section shall not prohibit any of the following: 35 -18- LSB 1002YH (5) 86 rh/rj 18/ 31

H.F. 265 a. A public or private facility from complying with 1 the requirements of this chapter relative to financial 2 responsibility for the cost of care and treatment provided or 3 from properly billing any responsible relative or third-party 4 payer for such care or treatment. 5 b. A court or the department of public safety from 6 forwarding to the federal bureau of investigation information 7 that a person has been disqualified from possessing, shipping, 8 transporting, or receiving a firearm pursuant to section 9 724.31. 10 Sec. 18. NEW SECTION . 222.109 Medical records to be 11 confidential —— exceptions. 12 1. a. The records maintained by a state resource center 13 or public or private facility relating to the examination, 14 custody, care, and treatment of any person in that state 15 resource center or public or private facility pursuant to this 16 chapter shall be confidential, except that the superintendent 17 of a state resource center or the administrator of a public or 18 private facility shall release appropriate information under 19 any of the following circumstances: 20 (1) The information is requested by a physician, attorney, 21 or advocate who provides the superintendent of a state resource 22 center or the administrator of a public or private facility 23 with a written waiver signed by the person about whom the 24 information is sought. 25 (2) The information is sought by a court order. 26 (3) The person who is committed or that person’s guardian, 27 if the person is a minor or is not legally competent to do so, 28 signs an informed consent to release information. Each signed 29 consent shall designate specifically the person or agency to 30 whom the information is to be sent, and the information may be 31 released only to that person or agency. 32 b. Such records may be released by the superintendent of 33 a state resource center or the administrator of a public or 34 private facility when requested for the purpose of research 35 -19- LSB 1002YH (5) 86 rh/rj 19/ 31