H.F. 448 Section 1. Section 222.2, Code 2017, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 2A. “Chemotherapy” means the same as 3 defined in section 229.1. 4 NEW SUBSECTION . 2B. “Clerk” means the clerk of the district 5 court. 6 NEW SUBSECTION . 2C. “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 . 6A. “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 . 6B. “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 2470YH (3) 87 rh/rj 1/ 31

H.F. 448 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 2470YH (3) 87 rh/rj 2/ 31

H.F. 448 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 mental 28 health and disability services region at an hourly rate to be 29 established by the regional administrator for the county in 30 which the proceeding is held in substantially the same manner 31 as provided in section 815.7. 32 2. Cause copies of the application and supporting 33 documentation to be sent to the county attorney or the county 34 attorney’s attorney-designate for review. 35 -3- LSB 2470YH (3) 87 rh/rj 3/ 31

H.F. 448 3. Issue a written order which shall do all of the 1 following: 2 a. If not previously done, set a time and place for a 3 commitment hearing, which shall be at the earliest practicable 4 time not less than forty-eight hours after notice to the 5 respondent, unless the respondent waives such minimum prior 6 notice requirement. 7 b. Order an examination of the respondent, prior to the 8 hearing, by one or more physicians or psychologists who shall 9 submit a written report on the examination to the court as 10 required by section 222.98. 11 Sec. 6. NEW SECTION . 222.97 Respondent’s attorney informed. 12 The court shall direct the clerk to furnish at once to the 13 respondent’s attorney copies of the application filed pursuant 14 to section 222.93 and the supporting documentation, and of the 15 court’s order issued pursuant to section 222.96, subsection 16 3. If the respondent is taken into custody under section 17 222.99, the attorney shall also be advised of that fact. The 18 respondent’s attorney shall represent the respondent at all 19 stages of the proceedings, and shall attend the commitment 20 hearing. 21 Sec. 7. NEW SECTION . 222.98 Examination report. 22 1. a. An examination of the respondent shall be conducted 23 by one or more physicians or psychologists, as required by the 24 court’s order issued pursuant to section 222.96, subsection 25 3, within a reasonable time. If the respondent is detained 26 pursuant to section 222.99, subsection 1, paragraph “b” , 27 the examination shall be conducted within twenty-four hours. 28 If the respondent is detained pursuant to section 222.99, 29 subsection 1, paragraph “a” or “c” , the examination shall 30 be conducted within forty-eight hours. If the respondent 31 so desires, the respondent shall be entitled to a separate 32 examination by a physician or psychologist of the respondent’s 33 own choice. The reasonable cost of the examinations shall, if 34 the respondent lacks sufficient funds to pay the cost, be paid 35 -4- LSB 2470YH (3) 87 rh/rj 4/ 31

H.F. 448 by the regional administrator from mental health and disability 1 services region funds upon order of the court. 2 b. A physician or psychologist conducting an examination 3 pursuant to this section may consult with or request the 4 participation in the examination of any mental health 5 professional, and may include with or attach to the written 6 report of the examination any findings or observations by any 7 mental health professional who has been so consulted or has so 8 participated in the examination. 9 c. If the respondent is not taken into custody under 10 section 222.99, but the court is subsequently informed that 11 the respondent has declined to be examined by the physician or 12 psychologist pursuant to the court order, the court may order 13 such limited detention of the respondent as is necessary to 14 facilitate the examination of the respondent by the physician 15 or psychologist. 16 2. A written report of the examination by the 17 court-designated physician or psychologist shall be filed with 18 the clerk prior to the time set for hearing. A written report 19 of any examination by a physician or psychologist chosen by the 20 respondent may be similarly filed. The clerk shall immediately 21 do all of the following: 22 a. Cause the report or reports to be shown to the judge who 23 issued the order requiring the examination. 24 b. Cause the respondent’s attorney to receive a copy of the 25 report of the court-designated physician or psychologist. 26 3. If the report of the court-designated physician or 27 psychologist is to the effect that the intellectually disabled 28 individual does not present a danger to self or others, 29 the court may without taking further action terminate the 30 proceeding and dismiss the application on its own motion and 31 without notice. 32 4. If the report of the court-designated physician or 33 psychologist is to the effect that the respondent is a person 34 with an intellectual disability who presents a danger to 35 -5- LSB 2470YH (3) 87 rh/rj 5/ 31

H.F. 448 self or others, the court shall schedule a hearing on the 1 application as soon as possible. The hearing shall be held 2 not more than forty-eight hours after the report is filed, 3 excluding Saturdays, Sundays, and holidays, unless an extension 4 for good cause is requested by the respondent, or as soon 5 thereafter as possible if the court considers that sufficient 6 grounds exist for delaying the hearing. 7 Sec. 8. NEW SECTION . 222.99 Judge may order immediate 8 custody. 9 1. If the applicant requests that the respondent be taken 10 into immediate custody and the judge, upon reviewing the 11 application and accompanying documentation, finds probable 12 cause to believe that the respondent has an intellectual 13 disability and is likely to injure the respondent’s self or 14 others if allowed to remain at liberty, the judge may enter 15 a written order directing that the respondent be taken into 16 immediate custody by the sheriff or the sheriff’s deputy and 17 be detained until the commitment hearing. The commitment 18 hearing shall be held no more than five days after the date of 19 the order, except that if the fifth day after the date of the 20 order is a Saturday, Sunday, or a holiday, the hearing may be 21 held on the next succeeding business day. If the expenses of a 22 respondent are payable in whole or in part by a mental health 23 and disability services region, for a placement in accordance 24 with paragraph “a” , the judge shall give notice of the placement 25 to the regional administrator for the respondent’s county of 26 residence, and for a placement in accordance with paragraph 27 “b” or “c” , the judge shall order the placement in a public or 28 private facility designated through the regional administrator 29 for the respondent’s county of residence. The judge may order 30 the respondent detained for the period of time until the 31 hearing is held, and no longer, in accordance with paragraph 32 “a” , if possible, and if not then in accordance with paragraph 33 “b” , or, only if neither of these alternatives is available, in 34 accordance with paragraph “c” . Placement may be: 35 -6- LSB 2470YH (3) 87 rh/rj 6/ 31

H.F. 448 a. In the custody of a relative, friend, or other suitable 1 person who is willing to accept responsibility for supervision 2 of the respondent, and the respondent may be placed under 3 such reasonable restrictions as the judge may order including 4 but not limited to restrictions on or a prohibition of any 5 expenditure, encumbrance, or disposition of the respondent’s 6 funds or property. 7 b. In a suitable public or private facility within 8 or without the state, approved by the director of human 9 services, which facility shall be informed of the reasons why 10 immediate custody has been ordered and may provide treatment 11 which is necessary to preserve the respondent’s life, or to 12 appropriately control behavior by the respondent which is 13 likely to result in physical injury to the respondent or 14 others if allowed to continue, but shall not otherwise provide 15 treatment to the respondent without the respondent’s consent. 16 c. In a state resource center or to a special unit, provided 17 that detention in a jail or other facility intended for 18 confinement of those accused or convicted of crime shall not 19 be ordered. 20 2. The clerk shall furnish copies of any orders to the 21 respondent and to the applicant if the applicant files a 22 written waiver signed by the respondent. 23 Sec. 9. NEW SECTION . 222.100 Hearing procedure —— findings. 24 1. At the commitment hearing, evidence in support of the 25 contentions made in the application shall be presented by the 26 county attorney. During the hearing the applicant and the 27 respondent shall be afforded an opportunity to testify and 28 to present and cross-examine witnesses, and the court may 29 receive the testimony of any other interested person. The 30 respondent has the right to be present at the hearing. If 31 the respondent exercises that right and has been medicated 32 within twelve hours, or such longer period of time as the 33 court may designate, prior to the beginning of the hearing 34 or an adjourned session thereof, the judge shall be informed 35 -7- LSB 2470YH (3) 87 rh/rj 7/ 31

H.F. 448 upon convening of the hearing of that fact and of the probable 1 effects of the medication. 2 2. All persons not necessary for the conduct of the 3 hearing shall be excluded, except that the court may admit 4 persons having a legitimate interest to attend the hearing. 5 Upon motion of the county attorney, the judge may exclude 6 the respondent from the hearing during the testimony of any 7 particular witness if the judge determines that the witness’s 8 testimony is likely to cause the respondent severe emotional 9 trauma. 10 3. The respondent’s welfare shall be paramount and the 11 hearing shall be conducted in as informal a manner as may be 12 consistent with orderly procedure, but consistent therewith 13 the issue shall be tried as a civil matter. Such discovery 14 as is permitted under the Iowa rules of civil procedure shall 15 be available to the respondent. The court shall receive 16 all relevant and material evidence which may be offered and 17 need not be bound by the rules of evidence. There shall be 18 a presumption in favor of the respondent, and the burden of 19 evidence in support of the contentions made in the application 20 shall be upon the applicant. 21 4. The physician or psychologist who examined the 22 respondent shall be present at the hearing unless the court 23 for good cause finds that the physician’s or psychologist’s 24 presence is not necessary. The applicant, respondent, and the 25 respondent’s attorney may waive the presence or the telephonic 26 appearance of the physician or psychologist who examined the 27 respondent and agree to submit as evidence the written report 28 of the physician or psychologist. The respondent’s attorney 29 shall inform the court if the respondent’s attorney reasonably 30 believes that the respondent, due to diminished capacity, 31 cannot make an adequately considered waiver decision. “Good 32 cause” for finding that the testimony of the physician or 33 psychologist who examined the respondent is not necessary may 34 include but is not limited to such a waiver. If the court 35 -8- LSB 2470YH (3) 87 rh/rj 8/ 31

H.F. 448 determines that the testimony of the physician or psychologist 1 is necessary, the court may allow the physician or the 2 psychologist to testify by telephone. 3 5. The court shall deny the application and terminate 4 the commitment hearing if upon completion of the hearing the 5 court does not find by clear and convincing evidence that the 6 respondent is a person with an intellectual disability who 7 presents a danger to self or others. 8 6. If the respondent is not taken into custody under section 9 222.99, but the court subsequently finds good cause to believe 10 that the respondent is about to depart from the jurisdiction of 11 the court, the court may order such limited detention of the 12 respondent as is authorized by section 222.99 and is necessary 13 to ensure that the respondent will not depart from the 14 jurisdiction of the court without the court’s approval until 15 the proceeding relative to the respondent has been concluded. 16 7. The clerk shall furnish copies of any orders to the 17 respondent and to the applicant if the applicant files a 18 written waiver signed by the respondent. 19 Sec. 10. NEW SECTION . 222.101 Commitment order. 20 1. Upon completion of the commitment hearing the court shall 21 commit the respondent to the custody of the superintendent 22 of a state resource center if it is established by clear 23 and convincing evidence that the respondent is a person with 24 an intellectual disability who presents a danger to self or 25 others. 26 2. The superintendent shall coordinate with the regional 27 administrator for the respondent’s county of residence in 28 identifying any public or private facilities, either within or 29 without the state, which would be an appropriate alternative to 30 the continued placement of the respondent in the state resource 31 center. If an appropriate public or private facility is 32 available and is willing to accept placement of the respondent, 33 the superintendent may transfer the respondent to that public 34 or private facility. 35 -9- LSB 2470YH (3) 87 rh/rj 9/ 31

H.F. 448 3. The superintendent of a state resource center in 1 coordination with the regional administrator for the 2 respondent’s county of residence may modify the placement of 3 the respondent as appropriate. 4 4. The superintendent shall report to the court any changes 5 in the placement of the respondent. 6 Sec. 11. NEW SECTION . 222.102 Contested placement —— notice 7 and hearing. 8 1. The respondent or the regional administrator of 9 the respondent’s county of residence may challenge the 10 superintendent’s placement of the respondent. A request for 11 a placement hearing may be signed by the respondent, the 12 respondent’s next friend, guardian, or attorney or by the 13 regional administrator of the respondent’s county of residence. 14 2. a. A placement hearing shall be held no sooner than four 15 days and no later than seven days after the request for the 16 placement hearing is filed unless otherwise agreed to by the 17 parties. 18 b. The respondent may be transferred to the placement 19 designated by the superintendent unless a request for hearing 20 is filed prior to the transfer. If the request for a placement 21 hearing is filed prior to the transfer, the court shall 22 determine where the respondent shall be detained until the date 23 of the hearing. 24 c. If the respondent’s attorney has withdrawn, the court 25 shall appoint an attorney for the respondent in the manner 26 described in section 222.96. 27 3. Time periods shall be calculated for the purposes of this 28 section excluding weekends and official holidays. 29 4. If a respondent’s expenses are payable in whole or 30 in part by a county, notice of a placement hearing shall be 31 provided to the county attorney and the regional administrator 32 of the respondent’s county of residence. At the hearing, the 33 county attorney may present evidence regarding appropriate 34 placement. 35 -10- LSB 2470YH (3) 87 rh/rj 10/ 31

H.F. 448 5. In a placement hearing, the court shall determine a 1 placement for the respondent taking into consideration the 2 evidence presented by all the parties. 3 6. A placement made pursuant to an order entered under 4 this section shall be considered to be authorized through the 5 regional administrator of the respondent’s county of residence. 6 Sec. 12. NEW SECTION . 222.103 Discharge and termination 7 of proceedings. 8 1. When the condition of a respondent committed under 9 section 222.101, subsection 1, is such that in the opinion 10 of the superintendent the respondent no longer requires 11 commitment, the superintendent shall tentatively discharge the 12 respondent and immediately report that fact to the court which 13 ordered the respondent’s commitment. 14 2. Upon receiving the report, the court shall do either of 15 the following: 16 a. Issue an order confirming the respondent’s discharge from 17 custody and terminating the proceeding pursuant to which the 18 order of commitment was issued. 19 b. Review the order committing the respondent. If the court 20 reviews the order of commitment and continues the commitment, 21 the court must find that the requirements for commitment under 22 section 222.101, subsection 1, continue to apply. 23 Sec. 13. NEW SECTION . 222.104 Escape from custody. 24 A person who is committed to a state resource center or 25 public or private facility under section 222.99 or 222.101 26 shall remain at the state resource center or public or private 27 facility unless discharged or otherwise permitted to leave by 28 the court, the superintendent of the state resource center, 29 or the administrator of the public or private facility. If a 30 person placed at a state resource center or public or private 31 facility leaves the state resource center or public or private 32 facility without having been discharged or without permission, 33 the superintendent or person in charge of the public or private 34 facility may notify the sheriff of the person’s absence and 35 -11- LSB 2470YH (3) 87 rh/rj 11/ 31

H.F. 448 the sheriff shall take the person into custody and return the 1 person promptly to the state resource center or public or 2 private facility. 3 Sec. 14. NEW SECTION . 222.105 Status of respondent during 4 appeal. 5 If a respondent appeals to the supreme court from a finding 6 that sustains the contention that the respondent is a person 7 with an intellectual disability who presents a danger to self 8 or others, and the respondent was previously ordered taken 9 into immediate custody under section 222.99 or has been placed 10 in a state resource center or public or private facility for 11 appropriate treatment under section 222.101 before the court is 12 informed of intent to appeal its finding, the respondent shall 13 remain in custody as previously ordered by the court, the time 14 limit stated in section 222.99 notwithstanding, or shall remain 15 in the state resource center or public or private facility, 16 subject to compliance by the state resource center or public or 17 private facility with sections 222.101 through 222.104, as the 18 case may be, unless the supreme court orders otherwise. If a 19 respondent appeals to the supreme court regarding a placement 20 order, the respondent shall remain in placement unless the 21 supreme court orders otherwise. 22 Sec. 15. NEW SECTION . 222.106 Status of respondent if 23 commitment is delayed. 24 When the court directs that a respondent who was previously 25 ordered taken into immediate custody under section 222.99 26 be placed in a state resource center or public or private 27 facility for appropriate treatment under section 222.101, and 28 no suitable state resource center or public or private facility 29 can immediately admit the respondent, the respondent shall 30 remain in custody as previously ordered by the court, the 31 time limit stated in section 222.99 notwithstanding, until a 32 suitable state resource center or public or private facility 33 can admit the respondent. The court shall take appropriate 34 steps to expedite the admission of the respondent to a suitable 35 -12- LSB 2470YH (3) 87 rh/rj 12/ 31

H.F. 448 state resource center or public or private facility at the 1 earliest feasible time. 2 Sec. 16. NEW SECTION . 222.107 Commitment —— emergency 3 procedure. 4 1. The procedure prescribed by this section shall be used 5 when it appears that a person should be immediately detained 6 because the respondent is a person with an intellectual 7 disability who presents a danger to self or others and an 8 application has not been filed naming the person as the 9 respondent pursuant to section 222.93 or the person cannot be 10 ordered into immediate custody and detained pursuant to section 11 222.99. 12 2. a. (1) In the circumstances described in subsection 13 1, any peace officer who has reasonable grounds to believe 14 that a person believed to have an intellectual disability 15 who presents a danger to self or others if not immediately 16 detained, may without a warrant take or cause that person to 17 be taken to the nearest available state resource center or 18 public or private facility as described in section 222.99, 19 subsection 1, paragraph “b” or “c” . A person believed to have 20 an intellectual disability who presents a danger to self or 21 others if not immediately detained may be delivered to a state 22 resource center or public or private facility by someone other 23 than a peace officer. 24 (2) Upon delivery of the person believed to have an 25 intellectual disability who presents a danger to self or others 26 to the state resource center or public or private facility, 27 the examining physician or examining psychologist may order 28 treatment of the person, including chemotherapy, but only 29 to the extent necessary to preserve the person’s life or to 30 appropriately control behavior by the person which is likely to 31 result in physical injury to that person or others if allowed 32 to continue. 33 (3) The peace officer who took the person into custody, 34 or other party who brought the person to the state resource 35 -13- LSB 2470YH (3) 87 rh/rj 13/ 31

H.F. 448 center or public or private facility, shall describe the 1 circumstances of the matter to the examining physician or 2 examining psychologist. If the person is a peace officer, the 3 peace officer may do so either in person or by written report. 4 (4) If the examining physician or examining psychologist 5 finds that there is reason to believe that the person is a 6 person with an intellectual disability who presents a danger 7 to self or others if not immediately detained, the examining 8 physician or examining psychologist shall at once communicate 9 with the nearest available magistrate as defined in section 10 801.4. 11 (5) The magistrate shall, based upon the circumstances 12 described by the examining physician or examining psychologist, 13 give the examining physician or examining psychologist 14 oral instructions either directing that the person be 15 released forthwith or authorizing the person’s detention in 16 an appropriate state resource center or public or private 17 facility. A peace officer from the law enforcement agency 18 that took the person into custody, if available, during the 19 communication with the magistrate, may inform the magistrate 20 that an arrest warrant has been issued for or charges are 21 pending against the person and request that any oral or 22 written order issued under this subsection require the state 23 resource center or public or private facility to notify the law 24 enforcement agency about the discharge of the person prior to 25 discharge. The magistrate may also give oral instructions and 26 order that the detained person be transported to an appropriate 27 state resource center or public or private facility. 28 b. If the magistrate orders that the person be detained, 29 the magistrate shall, by the close of business on the next 30 working day, file a written order with the clerk in the county 31 where it is anticipated that an application may be filed under 32 section 222.93. The order may be filed electronically if 33 necessary. A peace officer from the law enforcement agency 34 that took the person into custody, if no request was made under 35 -14- LSB 2470YH (3) 87 rh/rj 14/ 31

H.F. 448 paragraph “a” , may inform the magistrate that an arrest warrant 1 has been issued for or charges are pending against the person 2 and request that any written order issued under this paragraph 3 require the state resource center or public or private facility 4 to notify the law enforcement agency about the discharge of 5 the person prior to discharge. The order shall state the 6 circumstances under which the person was taken into custody 7 or otherwise brought to a state resource center or public or 8 private facility, and the grounds supporting the finding of 9 probable cause to believe that the person is a person with 10 an intellectual disability who presents a danger to self or 11 others if not immediately detained. The order shall also 12 include any law enforcement agency notification requirements 13 if applicable. The written order shall confirm the oral order 14 authorizing the person’s detention including any order given to 15 transport the person to an appropriate state resource center 16 or public or private facility. A peace officer from the law 17 enforcement agency that took the person into custody may also 18 request an order, separate from the written order, requiring 19 the state resource center or public or private facility to 20 notify the law enforcement agency about the discharge of the 21 person prior to discharge. The clerk shall provide a copy of 22 the written order or any separate order to the superintendent 23 of the state resource center or the administrator of the public 24 or private facility to which the person was originally taken, 25 to any subsequent state resource center or public or private 26 facility to which the person was transported, and to any law 27 enforcement agency or ambulance service that transported the 28 person pursuant to the magistrate’s order. 29 c. If an arrest warrant has been issued for or charges are 30 pending against the person, but no court order exists requiring 31 notification to a law enforcement agency under paragraph “a” or 32 “b” , and if the peace officer delivers the person to a state 33 resource center or public or private facility and the peace 34 officer notifies the state resource center or public or private 35 -15- LSB 2470YH (3) 87 rh/rj 15/ 31

H.F. 448 facility in writing on a form prescribed by the department 1 of public safety that the state resource center or public or 2 private facility is required to notify the law enforcement 3 agency about the discharge of the person prior to discharge, 4 the state resource center or public or private facility shall 5 do all of the following: 6 (1) Notify the dispatch of the law enforcement agency that 7 employs the peace officer by telephone prior to the discharge 8 of the person from the state resource center or public or 9 private facility. 10 (2) Notify the law enforcement agency that employs the peace 11 officer by electronic mail prior to the discharge of the person 12 from the state resource center or public or private facility. 13 3. The superintendent of a state resource center or the 14 administrator of the public or private facility shall examine 15 and may detain and care for the person taken into custody under 16 the magistrate’s order for a period not to exceed forty-eight 17 hours from the time such order is dated, excluding Saturdays, 18 Sundays, and holidays, unless the order is sooner dismissed by 19 a magistrate. The state resource center or public or private 20 facility may provide treatment which is necessary to preserve 21 the person’s life, or to appropriately control behavior by the 22 person which is likely to result in physical injury to the 23 person’s self or others if allowed to continue, but shall not 24 otherwise provide treatment to the person without the person’s 25 consent. The person shall be discharged from the state 26 resource center or public or private facility and released from 27 custody not later than the expiration of that period, unless an 28 application is sooner filed with the clerk pursuant to section 29 222.93. Prior to such discharge, the state resource center or 30 public or private facility shall, if required by this section, 31 notify the law enforcement agency requesting such notification 32 about the discharge of the person. The law enforcement 33 agency shall retrieve the person no later than six hours after 34 notification from the state resource center or public or 35 -16- LSB 2470YH (3) 87 rh/rj 16/ 31

H.F. 448 private facility but in no circumstances shall the detention of 1 the person exceed the period of time prescribed for detention 2 by this subsection. The detention of a person by the procedure 3 and not in excess of the period of time prescribed by this 4 section shall not render the peace officer, physician, state 5 resource center, or public or private facility so detaining the 6 person liable in a criminal or civil action for false arrest 7 or false imprisonment if the peace officer, physician, state 8 resource center, or public or private facility had reasonable 9 grounds to believe the person so detained was a person with an 10 intellectual disability and likely to physically injure the 11 person’s self or others if not immediately detained, or if 12 the state resource center or public or private facility was 13 required to notify a law enforcement agency by this section, 14 and the law enforcement agency requesting notification prior to 15 discharge retrieved the person no later than six hours after 16 the notification, and the detention prior to the retrieval of 17 the person did not exceed the period of time prescribed for 18 detention by this subsection. 19 4. The cost of placement of a person detained temporarily by 20 the procedure prescribed in this section shall be paid by the 21 procedure prescribed in sections 222.50 and 222.60. 22 5. The department of public safety shall prescribe the form 23 to be used when a law enforcement agency desires notification 24 under this section from a state resource center or public or 25 private facility prior to discharge of a person admitted to 26 the state resource center or public or private facility and 27 for whom an arrest warrant has been issued or against whom 28 charges are pending. The form shall be consistent with all 29 laws, regulations, and rules relating to the confidentiality or 30 privacy of personal information or medical records, including 31 but not limited to the federal Health Insurance Portability 32 and Accountability Act of 1996, Pub. L. No. 104-191, and 33 regulations promulgated in accordance with that Act and 34 published in 45 C.F.R. pts. 160-164. 35 -17- LSB 2470YH (3) 87 rh/rj 17/ 31

H.F. 448 6. A state resource center or public or private facility, 1 which has been notified by a peace officer or a law enforcement 2 agency by delivery of a form as prescribed by the department of 3 public safety indicating that an arrest warrant has been issued 4 for or charges are pending against a person admitted to the 5 state resource center or public or private facility, that does 6 not notify the law enforcement agency about the discharge of 7 the person as required by subsection 2, paragraph “c” , shall pay 8 a civil penalty as provided in section 805.8C, subsection 9. 9 Sec. 17. NEW SECTION . 222.108 Records of involuntary 10 commitment proceeding to be confidential. 11 1. All papers and records pertaining to any involuntary 12 commitment ordered under this chapter or application filed 13 pursuant to section 222.93 of any person, whether part of the 14 permanent record of the court or of a file in the department of 15 human services, are subject to inspection only upon an order of 16 the court for good cause shown. 17 2. If authorized in writing by a person who has been the 18 subject of any involuntary proceeding under this chapter, or by 19 the parent or guardian of the person, information regarding the 20 person which is confidential under subsection 1 may be released 21 to any other designated person. 22 3. If all or part of the costs associated with the 23 commitment of a person under this chapter are chargeable to a 24 county of residence, the clerk shall provide to the regional 25 administrator for the county of residence and to the regional 26 administrator for the county in which the commitment order is 27 entered the following information pertaining to the person 28 which would be confidential under subsection 1: 29 a. Administrative information, as defined in section 228.1. 30 b. An examination order under this chapter and the location 31 of the person’s placement under the order. 32 c. A commitment or placement order under this chapter and 33 the location of the person’s placement under the order. 34 d. The date, location, and disposition of any hearing 35 -18- LSB 2470YH (3) 87 rh/rj 18/ 31

H.F. 448 concerning the person held under this chapter. 1 e. Any payment source available for the costs of the 2 person’s care. 3 4. This section shall not prohibit any of the following: 4 a. A public or private facility from complying with 5 the requirements of this chapter relative to financial 6 responsibility for the cost of care and treatment provided or 7 from properly billing any responsible relative or third-party 8 payer for such care or treatment. 9 b. A court or the department of public safety from 10 forwarding to the federal bureau of investigation information 11 that a person has been disqualified from possessing, shipping, 12 transporting, or receiving a firearm pursuant to section 13 724.31. 14 Sec. 18. NEW SECTION . 222.109 Medical records to be 15 confidential —— exceptions. 16 1. a. The records maintained by a state resource center 17 or public or private facility relating to the examination, 18 custody, care, and treatment of any person in that state 19 resource center or public or private facility pursuant to this 20 chapter shall be confidential, except that the superintendent 21 of a state resource center or the administrator of a public or 22 private facility shall release appropriate information under 23 any of the following circumstances: 24 (1) The information is requested by a physician, attorney, 25 or advocate who provides the superintendent of a state resource 26 center or the administrator of a public or private facility 27 with a written waiver signed by the person about whom the 28 information is sought. 29 (2) The information is sought by a court order. 30 (3) The person who is committed or that person’s guardian, 31 if the person is a minor or is not legally competent to do so, 32 signs an informed consent to release information. Each signed 33 consent shall designate specifically the person or agency to 34 whom the information is to be sent, and the information may be 35 -19- LSB 2470YH (3) 87 rh/rj 19/ 31

H.F. 448 released only to that person or agency. 1 b. Such records may be released by the superintendent of 2 a state resource center or the administrator of a public or 3 private facility when requested for the purpose of research 4 into the causes, incidence, nature, and treatment of persons 5 with an intellectual disability who present a danger to self 6 or others; however, information shall not be provided in a way 7 that discloses patients’ names or which otherwise discloses any 8 patient’s identity. 9 2. When the superintendent of a state resource center or the 10 administrator of a public or private facility deems it to be 11 in the best interest of the patient and the patient’s next of 12 kin to do so, the superintendent or administrator may release 13 appropriate information during a consultation which the state 14 resource center or public or private facility shall arrange 15 with the next of kin of a voluntary or involuntary patient, if 16 requested by the patient’s next of kin. 17 Sec. 19. NEW SECTION . 222.110 Exclusive procedure for 18 involuntary commitment. 19 Sections 222.93 through 222.107 constitute the exclusive 20 procedure for involuntary commitment of a person if there 21 is reason to believe that the person is a person with an 22 intellectual disability who presents a danger to self or others 23 in this state, except that this chapter does not negate the 24 provisions of section 904.503 relating to transfer of prisoners 25 with mental illness to state hospitals for persons with mental 26 illness and does not apply to commitments of persons under 27 chapter 812 or the rules of criminal procedure, Iowa court 28 rules, or negate the provisions of section 232.51 relating to 29 disposition of children with mental illness or an intellectual 30 disability. 31 Sec. 20. NEW SECTION . 222.111 Rules for proceedings. 32 The supreme court may prescribe rules of pleading, practice, 33 and procedure and the forms of process, writs, and notices 34 under section 602.4201, for all commitment proceedings in 35 -20- LSB 2470YH (3) 87 rh/rj 20/ 31

H.F. 448 a court of this state under this chapter. The rules shall 1 be drawn for the purpose of simplifying and expediting the 2 proceedings, so far as is consistent with the rights of the 3 parties involved. The rules shall not abridge, enlarge, or 4 modify the substantive rights of a party to a commitment 5 proceeding under this chapter. 6 Sec. 21. Section 331.653, subsection 23, Code 2017, is 7 amended to read as follows: 8 23. Carry out duties relating to the involuntary 9 hospitalization of persons with mental illness as provided 10 in sections 229.7 and 229.11 and carry out duties related to 11 the involuntary commitment of persons with an intellectual 12 disability who present a danger to self or others as provided 13 in sections 222.94 and 222.99 . 14 Sec. 22. Section 602.4201, subsection 3, Code 2017, is 15 amended by adding the following new paragraph: 16 NEW PARAGRAPH . i. Involuntary commitment of persons with an 17 intellectual disability who present a danger to self or others. 18 Sec. 23. Section 805.8C, subsection 9, Code 2017, is amended 19 to read as follows: 20 9. Notification violations. For violations of section 21 222.107, subsection 6, and section 229.22, subsection 6 , the 22 scheduled fine is one thousand dollars for a first violation 23 and two thousand dollars for a second or subsequent violation. 24 The scheduled fine under this subsection is a civil penalty, 25 and the criminal penalty surcharge under section 911.1 shall 26 not be added to the penalty. 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 the involuntary commitment of a person 31 with an intellectual disability who presents a danger to self 32 or others. 33 INVOLUNTARY COMMITMENT APPLICATION —— PERSON WITH 34 INTELLECTUAL DISABILITY —— DANGER TO SELF OR OTHERS. The bill 35 -21- LSB 2470YH (3) 87 rh/rj 21/ 31

H.F. 448 provides that any interested person may file an involuntary 1 commitment application for a person with an intellectual 2 disability who presents a danger to self or others with the 3 clerk of the district court of the county where the respondent 4 is presently located or which is the respondent’s place of 5 residence. The application must contain information that the 6 respondent is a person with an intellectual disability who, 7 due to the person’s intellectual disability, presents a danger 8 to self or others. The application must also be supported 9 by a written statement of a physician or psychologist in 10 support of the application; one or more supporting affidavits 11 otherwise corroborating the application; or other corroborative 12 information, if necessary. Intellectual disability is defined 13 in Code section 4.1 as a disability of children and adults 14 who as a result of inadequately developed intelligence have 15 a significant impairment in ability to learn or to adapt to 16 the demands of society, and, if a diagnosis is required, 17 intellectual disability means a diagnosis of mental retardation 18 as defined in the diagnostic and statistical manual of mental 19 disorders, fourth edition, text revised, published by the 20 American psychiatric association. Danger to self or others 21 is defined in the bill as a condition of a person with an 22 intellectual disability who, because of that intellectual 23 disability, is likely to physically injure the person’s self 24 or others if allowed to remain at liberty without treatment; 25 is likely to inflict serious emotional injury on the person’s 26 family or others who lack a reasonable opportunity to avoid 27 contact with the person if the person is allowed to remain at 28 liberty without treatment; or is unable to fulfill the basic 29 needs of the person including but not limited to nourishment, 30 clothing, essential medical care, or shelter so that it is 31 likely that the person will suffer physical injury, physical 32 debilitation, or death. 33 JUVENILES —— JURISDICTION. The bill provides that the 34 juvenile court has exclusive original jurisdiction in 35 -22- LSB 2470YH (3) 87 rh/rj 22/ 31

H.F. 448 proceedings concerning a minor for whom an application is filed 1 under the bill. 2 PROCEDURE AFTER APPLICATION FILED. The bill provides that, 3 as soon as practicable after the filing of an application, the 4 court is required to determine whether the respondent has an 5 attorney and if not, whether the respondent is financially able 6 to employ an attorney and capable of meaningfully assisting in 7 selecting one. If the respondent is financially unable to pay 8 an attorney, the attorney shall be compensated by the county 9 at an hourly rate to be established by the mental health and 10 disability services region. The court is also required to 11 send copies of the application to the county attorney, issue 12 a written order setting a time and place for a commitment 13 hearing, which shall be at the earliest practicable time not 14 less than 48 hours after notice to the respondent, unless 15 the respondent waives the notice requirement, and order an 16 examination of the respondent, prior to the hearing by one or 17 more physicians or psychologists. 18 EXAMINATION. The bill provides that the respondent shall 19 be examined by one or more physicians or psychologists, as 20 required by the court’s order, within a reasonable time. If 21 the respondent is detained, the examination shall be conducted 22 within 24 hours or 48 hours depending upon the circumstances 23 of the detainment. The respondent may also request a separate 24 examination by a physician or psychologist of the respondent’s 25 own choice. The reasonable cost of the examinations shall, if 26 the respondent lacks sufficient funds to pay the cost, be paid 27 by the regional administrator from mental health and disability 28 services upon order of the court. A physician or psychologist 29 conducting an examination may consult with or request a mental 30 health professional to participate in the examination. 31 EXAMINATION REPORT. A written report of the examination by 32 any physician or psychologist (court-designated or a physician 33 or psychologist chosen by the respondent) shall be filed with 34 the clerk of the district court prior to the time set for the 35 -23- LSB 2470YH (3) 87 rh/rj 23/ 31

H.F. 448 hearing and the clerk must provide the report or reports to the 1 judge and the respondent’s attorney. 2 If the report of the court-designated physician or 3 psychologist concludes that the respondent is a person with an 4 intellectual disability who does not present a danger to self 5 or others, the court may terminate the commitment proceeding 6 and dismiss the application on its own motion and without 7 notice. If the report of the court-designated physician or 8 psychologist concludes that the respondent is a person with 9 an intellectual disability who presents a danger to self or 10 others, the court is required to schedule a hearing on the 11 application as soon as possible and not more than 48 hours 12 after the report is filed unless an extension for good cause is 13 shown. 14 IMMEDIATE CUSTODY. If the applicant requests that the 15 respondent be taken into immediate custody and the judge finds 16 probable cause to believe that the respondent is a person 17 with an intellectual disability and is likely to injure the 18 respondent’s self or others if allowed to remain at liberty, 19 the judge may enter a written order directing that the 20 respondent be taken into immediate custody by the sheriff or 21 the sheriff’s deputy and be detained until the commitment 22 hearing. In this case, the commitment hearing shall be held no 23 more than five days after the date of the order or on the next 24 succeeding business day. 25 If the expenses of a respondent are payable in whole or in 26 part by a mental health and disability services region, and the 27 respondent is placed in the custody of a relative, friend, or 28 other suitable person who is willing to accept responsibility 29 for supervision of the respondent, the court is required to 30 give notice of the placement to the regional administrator 31 for the respondent’s county of residence. If the respondent 32 is placed in a suitable public or private facility within or 33 without the state, approved by the director of human services, 34 the court is required to order the placement in a public or 35 -24- LSB 2470YH (3) 87 rh/rj 24/ 31

H.F. 448 private facility designated through the regional administrator 1 for the respondent’s county of residence. If neither of these 2 alternatives is available, the court may order the respondent 3 be placed in a state resource center or in a special unit. 4 COMMITMENT HEARING. At the commitment hearing, the 5 respondent’s welfare is paramount and the hearing shall 6 be conducted in an informal manner consistent with orderly 7 procedure. Evidence in support of the contentions made in the 8 application is presented by the county attorney. During the 9 hearing, the applicant and the respondent have the opportunity 10 to testify and to cross-examine witnesses and the court may 11 receive the testimony of any other interested person. The 12 respondent has the right to be present at the hearing and the 13 court may admit persons having a legitimate interest to attend 14 the hearing. The court may exclude the respondent from the 15 hearing during the testimony of any particular witness if the 16 court determines that the witness’s testimony is likely to 17 cause the respondent severe emotional trauma. There shall be 18 a presumption in favor of the respondent, and the burden of 19 evidence in support of the contentions made in the application 20 shall be upon the applicant. The physician or psychologist 21 who examined the respondent is required to be present at 22 the hearing unless the court for good cause finds that the 23 physician’s or psychologist’s presence is not necessary or the 24 physician’s or psychologist’s presence is waived. If upon 25 completion of the hearing the court finds that the contentions 26 that form the basis for the commitment hearing have not been 27 sustained by clear and convincing evidence, it shall deny the 28 application and terminate the proceeding. 29 COMMITMENT ORDER. The court shall commit the respondent to 30 the custody of the superintendent of a state resource center 31 for placement if it is established by clear and convincing 32 evidence that the respondent is a person with an intellectual 33 disability who presents a danger to self or others. 34 The superintendent is required to coordinate with the 35 -25- LSB 2470YH (3) 87 rh/rj 25/ 31

H.F. 448 regional administrator for the respondent’s county of residence 1 in identifying any public or private facilities, either 2 within or without the state, which would be an appropriate 3 alternative to the continued placement of the respondent in the 4 state resource center. If an appropriate public or private 5 facility is available and is willing to accept placement of the 6 respondent, the superintendent may transfer the respondent to 7 that public or private facility. 8 The superintendent of a state resource center in 9 coordination with the regional administrator for the 10 respondent’s county of residence may modify the placement of 11 the respondent as appropriate and shall report to the court any 12 changes in the placement of the respondent. 13 CONTESTED PLACEMENT —— NOTICE AND HEARING. The regional 14 administrator of the respondent’s county of residence or the 15 respondent may challenge the superintendent’s placement of 16 the respondent. A placement hearing shall be held no sooner 17 than four days and no later than seven days after the request 18 for the placement hearing is filed unless otherwise agreed 19 to by the parties. The respondent may be transferred to the 20 placement designated by the superintendent unless a request for 21 hearing is filed prior to the transfer. If the request for a 22 placement hearing is filed prior to the transfer, the court 23 shall order where the respondent shall be detained until the 24 date of the hearing. In a placement hearing, the court shall 25 order a placement for the respondent taking into consideration 26 the evidence presented by all the parties. A placement made 27 pursuant to an order entered under this provision shall be 28 considered to be authorized through the regional administrator 29 of the respondent’s county of residence. 30 DISCHARGE AND TERMINATION OF PROCEEDINGS. When the 31 condition of a committed respondent is such that in the 32 opinion of the superintendent the respondent no longer requires 33 commitment, the superintendent shall tentatively discharge the 34 respondent and immediately report that fact to the court which 35 -26- LSB 2470YH (3) 87 rh/rj 26/ 31

H.F. 448 ordered the respondent’s commitment and the court may issue an 1 order confirming the respondent’s discharge from custody and 2 terminating the proceeding or continue the commitment if the 3 court finds the requirements for commitment continue to apply. 4 ESCAPE FROM CUSTODY. If a person placed at a state resource 5 center or public or private facility leaves the state resource 6 center or public or private facility without having been 7 discharged or without permission, the superintendent or person 8 in charge of the public or private facility may notify the 9 sheriff of the person’s absence and the sheriff shall take the 10 person into custody and return the person promptly to the state 11 resource center or public or private facility. 12 STATUS OF RESPONDENT DURING APPEAL. If a respondent appeals 13 to the Iowa supreme court from a finding that the contention 14 that the respondent is a person with an intellectual disability 15 who presents a danger to self or others has been sustained, 16 and the respondent was previously ordered taken into immediate 17 custody or has been placed in a state resource center or public 18 or private facility for appropriate treatment before the court 19 is informed of intent to appeal its finding, the respondent 20 shall remain in custody or shall remain in the state resource 21 center or public or private facility unless the supreme court 22 orders otherwise. If a respondent appeals to the supreme court 23 regarding a placement order, the respondent shall remain in 24 placement unless the supreme court orders otherwise. 25 STATUS OF RESPONDENT IF COMMITMENT DELAYED. When the court 26 directs that a respondent who was previously ordered taken 27 into immediate custody be placed in a state resource center or 28 public or private facility for appropriate treatment and no 29 suitable state resource center or public or private facility 30 can immediately admit the respondent, the respondent shall 31 remain in custody as previously ordered by the court until a 32 suitable state resource center or public or private facility 33 can admit the respondent. 34 EMERGENCY COMMITMENT —— PROCEDURE. The bill provides 35 -27- LSB 2470YH (3) 87 rh/rj 27/ 31

H.F. 448 an emergency commitment procedure for a situation where a 1 person should be immediately detained due to the person having 2 an intellectual disability and presenting a danger to self 3 or others if an application has not been filed naming the 4 person as the respondent or the person cannot be ordered into 5 immediate custody and detained. 6 A peace officer or someone other than a peace officer who has 7 reasonable grounds to believe that a person has an intellectual 8 disability and presents a danger to self or others if not 9 immediately detained, may without a warrant take or cause that 10 person to be taken to the nearest available state resource 11 center or public or private facility. Upon delivery of the 12 person to the state resource center or a public or private 13 facility, the examining physician or examining psychologist may 14 order emergency treatment of that person. If the examining 15 physician or examining psychologist finds that there is reason 16 to believe that the person is a person with an intellectual 17 disability who presents a danger to self or others if not 18 immediately detained, the examining physician or examining 19 psychologist shall at once communicate with the nearest 20 available magistrate who shall, based upon the circumstances 21 described by the examining physician or examining psychologist, 22 give the examining physician or examining psychologist oral 23 instructions either directing that the person be released or 24 authorizing the person’s detention in an appropriate state 25 resource center or public or private facility. 26 A peace officer from the law enforcement agency that took the 27 person into custody may inform the magistrate who ordered that 28 the person be detained that an arrest warrant has been issued 29 for or charges are pending against the person and request that 30 any written order issued require the state resource center 31 or public or private facility to notify the law enforcement 32 agency about the discharge of the person prior to discharge. 33 A peace officer from the law enforcement agency that took 34 the person into custody may also request an order, separate 35 -28- LSB 2470YH (3) 87 rh/rj 28/ 31

H.F. 448 from the written order, requiring the state resource center 1 or public or private facility to notify the law enforcement 2 agency about the discharge of the person prior to discharge. 3 The clerk shall provide a copy of the written order or any 4 separate order to the superintendent of the state resource 5 center or the administrator of the public or private facility 6 to which the person was originally taken, to any subsequent 7 state resource center or public or private facility to which 8 the person was transported, and to any law enforcement agency 9 or ambulance service that transported the person pursuant to 10 the magistrate’s order. 11 The superintendent of a state resource center or the 12 administrator of the public or private facility shall examine 13 and may detain and care for the person taken into custody under 14 the magistrate’s order for a period not to exceed 48 hours 15 from the time such order is dated unless dismissed earlier 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 for involuntary commitment is filed. 26 Prior to such discharge, the state resource center or 27 public or private facility shall, if required, notify the law 28 enforcement agency requesting such notification about the 29 discharge of the person. The law enforcement agency shall 30 retrieve the person no later than six hours after notification 31 from the state resource center or public or private facility 32 but in no circumstances shall the detention of the person 33 exceed the period of time prescribed for detention. The 34 detention of a person by the procedure and not in excess of the 35 -29- LSB 2470YH (3) 87 rh/rj 29/ 31

H.F. 448 period of time prescribed shall not render the peace officer, 1 physician, state resource center, or public or private facility 2 so detaining the person liable in a criminal or civil action 3 for false arrest or false imprisonment if the peace officer, 4 physician, state resource center, or public or private facility 5 had reasonable grounds to believe the person so detained is a 6 person with an intellectual disability who presents a danger 7 to self or others if not immediately detained, or if the state 8 resource center or public or private facility was required 9 to notify a law enforcement agency, and the law enforcement 10 agency requesting notification prior to discharge retrieved the 11 person no later than six hours after the notification, and the 12 detention prior to the retrieval of the person did not exceed 13 the period of time prescribed for detention. A state resource 14 center or public or private facility properly notified that 15 does not notify the law enforcement agency about the discharge 16 of the person under the emergency commitment procedures in the 17 bill may be subject to a civil penalty. 18 RECORDS —— CONFIDENTIALITY. The bill provides that all 19 papers and records pertaining to any involuntary commitment or 20 application of any person under the bill, whether part of the 21 permanent record of the court or of a file in the department 22 of human services, are subject to public inspection only upon 23 an order of the court for good cause shown or if authorized 24 by a person who has been the subject of any involuntary 25 proceeding under the bill or by the parent or guardian of that 26 person. Certain information relating to costs associated with 27 the commitment of a person under the bill may be released to 28 certain entities. 29 The bill further provides that the medical records 30 maintained by a state resource center or public or private 31 facility relating to the examination, custody, care, and 32 treatment of any person in that state resource center or 33 public or private facility shall be confidential, except for 34 requests by a physician, attorney, or advocate who provides the 35 -30- LSB 2470YH (3) 87 rh/rj 30/ 31

H.F. 448 superintendent of a state resource center or the administrator 1 of a public or private facility with a written waiver signed 2 by the person about whom the information is sought, a court 3 order, or through informed consent. Such medical records 4 may also be released by the superintendent of a state 5 resource center or the administrator of a public or private 6 facility when requested for the purpose of research into the 7 causes, incidence, nature, and treatment of persons with an 8 intellectual disability who present a danger to self or others. 9 EXCLUSIVE PROCEDURE. The bill provides the exclusive 10 procedure for involuntary commitment of persons with an 11 intellectual disability who present a danger to self or 12 others in this state, except that the bill does not negate 13 the provisions of Code section 904.503 relating to transfer 14 of prisoners with mental illness to state hospitals for 15 persons with mental illness and does not apply to commitments 16 of persons under Code chapter 812 or the rules of criminal 17 procedure, Iowa court rules, or negate the provisions of Code 18 section 232.51 relating to disposition of children with mental 19 illness or an intellectual disability. 20 MISCELLANEOUS. The bill contains provisions relating to 21 service of notice and supreme court rules of proceedings. 22 The bill makes conforming Code changes relating to the 23 duties of the sheriff, the authority of the supreme court 24 to prescribe rules governing actions and proceedings, and 25 miscellaneous scheduled violations. The bill also provides 26 related definitions. 27 -31- LSB 2470YH (3) 87 rh/rj 31/ 31