Senate File 513 - Reprinted SENATE FILE 513 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 395) (As Amended and Passed by the Senate March 9, 2022 ) A BILL FOR An Act relating to persons experiencing a mental health crisis, 1 substance-related disorder crisis, or housing crisis. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 513 (2) 89 dg/rh/mb
S.F. 513 Section 1. Section 22.7, Code 2022, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 5A. a. A crisis intervention report 3 generated by a law enforcement agency regarding a person 4 experiencing a mental health crisis, substance-related disorder 5 crisis, or housing crisis, when the report is generated 6 for the specific purpose of providing crisis intervention 7 information to assist peace officers under any of the following 8 circumstances: 9 (1) De-escalating conflicts. 10 (2) Referring a person experiencing a mental health crisis, 11 substance-related disorder crisis, or housing crisis to a 12 mental health treatment provider, substance-related disorder 13 treatment provider, homeless service provider, or any other 14 appropriate service provider. 15 b. A crisis intervention report generated for the purposes 16 of this subsection shall be made available to the person who 17 is the subject of the report upon the request of the person who 18 is the subject of the report, and may be provided to a mental 19 health treatment provider, substance-related disorder treatment 20 provider, homeless service provider, or any other appropriate 21 service provider in connection with a referral for services. 22 c. Crisis intervention reports generated for the purposes of 23 this subsection are not peace officers’ investigative reports 24 under subsection 5. 25 d. Notwithstanding other provisions of this subsection, 26 the date, time, specific location, and immediate facts and 27 circumstances surrounding a crime or incident shall not be kept 28 confidential under this subsection, except where disclosure 29 would pose a clear and present danger to the safety of the 30 person subject to the crisis intervention report or the safety 31 of others. 32 e. For the purposes of this subsection: 33 (1) “Crisis intervention report” or “report” means a report 34 generated by a law enforcement agency using a prescribed form 35 -1- SF 513 (2) 89 dg/rh/mb 1/ 5
S.F. 513 created by the department of justice to record the following 1 information relevant to assess the nature of a crisis: 2 (a) Any biological or chemical causes of the crisis. 3 (b) Any observed demeanors and behaviors of the person 4 experiencing the crisis. 5 (c) Persons notified in relation to the crisis. 6 (d) Whether suicide or injuries occurred in relation to the 7 crisis and the extent of those injuries. 8 (e) Whether weapons were involved in the crisis and a 9 description of the weapon. 10 (f) The disposition of the crisis intervention and any crime 11 committed. 12 (2) “Housing crisis” means a situation where a person is 13 experiencing homelessness, a lack of adequate or safe housing, 14 or is in imminent danger of homelessness or lack of adequate or 15 safe housing. 16 Sec. 2. Section 125.2, Code 2022, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 11A. “Magistrate” means the same as defined 19 in section 801.4, subsection 10. 20 Sec. 3. Section 125.91, subsection 2, Code 2022, is amended 21 to read as follows: 22 2. a. A peace officer who has reasonable grounds to 23 believe that the circumstances described in subsection 1 are 24 applicable may, without a warrant, take or cause that person 25 to be taken to the nearest available facility referred to in 26 section 125.81, subsection 2 , paragraph “b” or “c” . Such a 27 person with a substance-related disorder due to intoxication 28 or substance-induced incapacitation who also demonstrates 29 a significant degree of distress or dysfunction may also 30 be delivered to a facility by someone other than a peace 31 officer upon a showing of reasonable grounds. Upon delivery 32 of the person to a facility under this section , the attending 33 physician and surgeon or osteopathic physician and surgeon may 34 order treatment of the person, but only to the extent necessary 35 -2- SF 513 (2) 89 dg/rh/mb 2/ 5
S.F. 513 to preserve the person’s life or to appropriately control 1 the person’s behavior if the behavior is likely to result in 2 physical injury to the person or others if allowed to continue. 3 The peace officer or other person who delivered the person to 4 the facility shall describe the circumstances of the matter to 5 the attending physician and surgeon or osteopathic physician 6 and surgeon. If the person is a peace officer, the peace 7 officer may do so either in person or by written report. 8 b. If the attending physician and surgeon or osteopathic 9 physician and surgeon has reasonable grounds to believe that 10 the circumstances in subsection 1 are applicable, the facility 11 shall have the authority to detain the person for a period of 12 no longer than twelve hours. Within twelve hours of detaining 13 a person pursuant to this section, the attending physician 14 shall at once communicate with the nearest available magistrate 15 as defined in section 801.4, subsection 10 . 16 c. The Once contacted pursuant to paragraph “b” , the 17 magistrate shall, based upon the circumstances described by 18 the attending physician and surgeon or osteopathic physician 19 and surgeon, give the attending physician and surgeon or 20 osteopathic physician and surgeon oral instructions either 21 directing that the person be released forthwith, or authorizing 22 the person’s detention in an appropriate facility. The 23 magistrate may also give oral instructions and order that the 24 detained person be transported to an appropriate facility. 25 b. d. If the magistrate orders that the person be detained, 26 the magistrate shall, by the close of business on the next 27 working day, file a written order with the clerk in the county 28 where it is anticipated that an application may be filed 29 under section 125.75 . The order may be filed by facsimile 30 if necessary. The order shall state the circumstances under 31 which the person was taken into custody or otherwise brought 32 to a facility and the grounds supporting the finding of 33 probable cause to believe that the person is a person with 34 a substance-related disorder likely to result in physical 35 -3- SF 513 (2) 89 dg/rh/mb 3/ 5
S.F. 513 injury to the person or others if not detained. The order 1 shall confirm the oral order authorizing the person’s detention 2 including any order given to transport the person to an 3 appropriate facility. The clerk shall provide a copy of that 4 order to the attending physician and surgeon or osteopathic 5 physician and surgeon at the facility to which the person was 6 originally taken, any subsequent facility to which the person 7 was transported, and to any law enforcement department or 8 ambulance service that transported the person pursuant to the 9 magistrate’s order. 10 Sec. 4. Section 229.1, Code 2022, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 8A. “Magistrate” means the same as defined 13 in section 801.4, subsection 10. 14 Sec. 5. Section 229.22, subsection 2, paragraph a, 15 subparagraphs (4) and (5), Code 2022, are amended to read as 16 follows: 17 (4) (a) If the examining physician, examining physician 18 assistant, examining mental health professional, or examining 19 psychiatric advanced registered nurse practitioner finds 20 that there is reason to believe that the person is seriously 21 mentally impaired, and because of that impairment is likely 22 to physically injure the person’s self or others if not 23 immediately detained, the facility shall have the authority 24 to detain the person for a period of no longer than twelve 25 hours. Within twelve hours of detaining a person pursuant to 26 this section, the examining physician, examining physician 27 assistant, examining mental health professional, or examining 28 psychiatric advanced registered nurse practitioner shall at 29 once communicate with the nearest available magistrate as 30 defined in section 801.4, subsection 10 . 31 (5) (b) The Once contacted pursuant to subparagraph 32 division (a), the magistrate shall, based upon the 33 circumstances described by the examining physician, examining 34 physician assistant, examining mental health professional, or 35 -4- SF 513 (2) 89 dg/rh/mb 4/ 5
S.F. 513 examining psychiatric advanced registered nurse practitioner, 1 give the examining physician, examining physician assistant, 2 examining mental health professional, or examining psychiatric 3 advanced registered nurse practitioner oral instructions either 4 directing that the person be released forthwith or authorizing 5 the person’s detention in an appropriate facility. A peace 6 officer from the law enforcement agency that took the person 7 into custody, if available, during the communication with the 8 magistrate, may inform the magistrate that an arrest warrant 9 has been issued for or charges are pending against the person 10 and request that any oral or written order issued under this 11 subsection require the facility or hospital to notify the law 12 enforcement agency about the discharge of the person prior to 13 discharge. The magistrate may also give oral instructions and 14 order that the detained person be transported to an appropriate 15 facility. 16 Sec. 6. Section 331.910, subsection 3, paragraph a, Code 17 2022, is amended to read as follows: 18 a. A region may contract with a receiving agency in a 19 bordering state to secure substance abuse or mental health care 20 and treatment under this subsection for persons who receive 21 substance abuse or mental health care and treatment pursuant to 22 section 125.33 or , 125.91, 229.2 , or 229.22 through a region. 23 Sec. 7. Section 331.910, subsection 4, paragraphs a and b, 24 Code 2022, are amended to read as follows: 25 a. A person who is detained, committed, or placed on an 26 involuntary basis under section 125.75 or , 125.91, 229.6 , or 27 229.22 may be civilly committed and treated in another state 28 pursuant to a contract under this subsection . 29 b. A person who is detained, committed, or placed on 30 an involuntary basis under the civil commitment laws of a 31 bordering state substantially similar to section 125.75 or , 32 125.91, 229.6 , or 229.22 may be civilly committed and treated 33 in this state pursuant to a contract under this subsection . 34 -5- SF 513 (2) 89 dg/rh/mb 5/ 5