HF 139 (LSB 1144YH (10) 91)

HOUSE FILE 139

BY  LATHAM

A BILL FOR

An Act relating to filing applications and custody of the respondent in an involuntary commitment proceeding.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 125.75, subsection 1, Code 2025, is amended to read as follows:
   1.  a.  Proceedings for the involuntary commitment or treatment of a person with a substance use disorder to a facility pursuant to this chapter or for the involuntary hospitalization of a person pursuant to chapter 229 may be commenced by any interested person by filing a verified application with the clerk of the a district court.
   b.  If the verified application was filed in a district court of a county where the respondent is not located and does not reside, the court shall transfer jurisdiction of the case to the district court of the county where the respondent is presently located or which is the respondent’s place of residence.
   c.  The clerk, or the clerk’s designee, shall assist the an applicant in completing the verified application.
    Sec. 2.  Section 125.83, Code 2025, is amended to read as follows:
   125.83  Placement for evaluation.
   If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance use disorder has been sustained by clear and convincing evidence, the court shall order the respondent placed at a facility or under the care of a suitable facility on an outpatient basis as expeditiously as possible for a complete evaluation and appropriate treatment.  Any peace officer shall have the authority to take the respondent into custody in any county in which the respondent is found for placement at a facility or under the care of a suitable facility in accordance with an order entered pursuant to this section. The court shall furnish to the facility at the time of admission or outpatient placement, a written statement of facts setting forth the evidence on which the finding is based. The administrator of the facility shall report to the court no more than fifteen days after the individual is admitted to or placed under the care of the facility, which shall include the chief medical officer’s recommendation concerning treatment of a substance use disorder. An extension of time may be granted for a period not to exceed seven days upon a showing of good cause. A copy of the report shall be sent to the respondent’s attorney who may contest the need for an extension of time if one is requested. If the request is contested, the court shall make an inquiry as it deems appropriate and may either order the respondent released from the facility or grant an extension of time for further evaluation. If the administrator fails to report to the court within fifteen days after the individual is admitted to the facility, and no extension of time has been requested, the administrator is guilty of contempt and shall be punished under chapter 665. The court shall order a rehearing on the application to determine whether the respondent should continue to be held at the facility.
    Sec. 3.  Section 229.6, subsection 1, Code 2025, is amended to read as follows:
   1.  a.  Proceedings for the involuntary hospitalization of an individual pursuant to this chapter or for the involuntary commitment or treatment of a person with a substance use disorder to a facility pursuant to chapter 125 may be commenced by any interested person by filing a verified application with the clerk of the a district court. 
   b.  If the verified application was filed with a district court where the respondent is not located and does not reside, the court shall transfer jurisdiction of the case to the district court of the county where the respondent is presently located, or which is the respondent’s place of residence.
   c.  The clerk, or the clerk’s designee, shall assist the an applicant in completing the verified application.
    Sec. 4.  Section 229.13, subsection 6, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   6.  A hospital or facility’s chief medical officer shall inform the sheriff or a law enforcement agency if, after placement of a respondent in or under the care of a hospital or other suitable facility for inpatient treatment, the respondent departs from the hospital or facility without authorization or fails to appear for treatment as ordered. The law enforcement agency shall exercise all due diligence to take the respondent into custody for placement in the appropriate hospital or facility.
    Sec. 5.  Section 229.13, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  A sheriff or peace officer shall have the authority to take a respondent into custody in any county in which the respondent is found for placement in a hospital or facility in accordance with an order entered pursuant to this section.
    Sec. 6.  Section 229.14B, Code 2025, is amended to read as follows:
   229.14B  Escape from custody.
   A person who is placed in a hospital or other suitable facility for evaluation under section 229.13 or who is required to remain hospitalized for treatment under section 229.14 shall remain at that hospital or facility unless discharged or otherwise permitted to leave by the court or the chief medical officer of the hospital or facility. If a person placed at a hospital or facility or required to remain at a hospital or facility leaves the facility without permission or without having been discharged, the chief medical officer may notify the a sheriff or law enforcement agency of the person’s absence and the sheriff or law enforcement agency shall take the person into custody and return the person promptly to the hospital or facility.
    Sec. 7.  SUPREME COURT —— COURT RULES.  The supreme court shall adopt rules to implement this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to filing applications and custody of a respondent in an involuntary commitment proceeding.
   The bill allows any interested person to commence an involuntary commitment substance abuse proceeding by filing a verified application in any county. If a verified application is filed in a district court of a county where the respondent is not located and does not reside, the court must transfer jurisdiction of the case to the district court of the county where the respondent is presently located or where the respondent resides.
   Under current law, if a person has been ordered by a court to receive treatment for a substance use disorder or a serious mental impairment and the person leaves the county where the person was ordered to receive treatment without completing the treatment and without prior authorization, the sheriffs and peace officers (officers) in the county where the person is currently located may not have the authority to take the person into custody for placement in a hospital or facility (facility) to receive treatment. The bill authorizes officers to take a person into custody in any county in which the person is found for placement at a facility to receive court-ordered treatment.
   The bill directs the supreme court to adopt rules to implement the bill.
   The bill makes a conforming change to Code section 229.14B.