House File 2347 - Introduced HOUSE FILE 2347 BY HEATON and BERGAN A BILL FOR An Act relating to the involuntary commitment or 1 hospitalization of a person with a serious mental impairment 2 or a substance-related disorder who is taken into immediate 3 custody. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5624YH (5) 87 hb/rh

H.F. 2347 Section 1. Section 125.81, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. If a respondent is detained pursuant 3 to subsection 2, paragraph “b” or “c” , the court may include in 4 the order entered pursuant to subsection 1 that if a licensed 5 physician or mental health professional who has examined 6 the respondent reclassifies the respondent’s level of care 7 to a lower level of care, the licensed physician or mental 8 health professional shall notify the court in writing within 9 twenty-four hours of the reclassification. 10 Sec. 2. Section 229.11, Code 2018, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 1A. If a respondent is detained pursuant 13 to subsection 1, paragraph “b” or “c” , the judge may include in 14 the order entered pursuant to subsection 1 that if a licensed 15 physician or mental health professional who has examined 16 the respondent reclassifies the respondent’s level of care 17 to a lower level of care, the licensed physician or mental 18 health professional shall notify the court in writing within 19 twenty-four hours of the reclassification. 20 NEW SUBSECTION . 4. The respondent’s attorney may be 21 allowed by the court to present evidence and arguments prior 22 to the court’s determination under this section. If such an 23 opportunity is not provided at that time, the respondent’s 24 attorney shall be allowed to present evidence and arguments 25 after the issuance of the court’s order of confinement and 26 while the respondent is confined. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to an emergency involuntary commitment or 31 hospitalization of a person with a serious mental impairment 32 or a substance-related disorder who is taken into immediate 33 custody. 34 The bill provides if a respondent who is the subject of 35 -1- LSB 5624YH (5) 87 hb/rh 1/ 2

H.F. 2347 a petition for involuntary commitment or treatment due to a 1 substance-related disorder is detained in a suitable hospital 2 or facility pursuant to an order for immediate custody, the 3 judge may include in the order that if a licensed physician 4 or mental health professional who has examined the respondent 5 reclassifies the respondent’s level of care to a lower level 6 of care, the licensed physician or mental health professional 7 shall notify the court in writing within 24 hours of the 8 reclassification. 9 The bill provides that if a respondent who is the subject 10 of a petition for involuntary hospitalization for a serious 11 mental impairment is detained in a suitable hospital or 12 facility pursuant to an order for immediate custody, the 13 judge may include in the order that if a licensed physician 14 or mental health professional who has examined the respondent 15 reclassifies the respondent’s level of care to a lower level 16 of care, the licensed physician or mental health professional 17 shall notify the court in writing within 24 hours of the 18 reclassification. 19 Under current law, if a petition for involuntary 20 hospitalization for a person with a serious mental impairment 21 requests that the respondent who is the subject of the 22 application be taken into immediate custody, the judge must 23 review the petition and accompanying documentation. The bill 24 provides the respondent’s attorney may be allowed by the 25 court to present evidence and arguments prior to the court’s 26 determination ordering the respondent into immediate custody. 27 If such an opportunity is not provided at that time, the 28 respondent’s attorney shall be allowed to present evidence 29 and arguments after the issuance of the court’s order of 30 confinement and while the respondent is confined. 31 -2- LSB 5624YH (5) 87 hb/rh 2/ 2