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House
File
139
-
Introduced
HOUSE
FILE
139
BY
LATHAM
A
BILL
FOR
An
Act
relating
to
filing
applications
and
custody
of
the
1
respondent
in
an
involuntary
commitment
proceeding.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
125.75,
subsection
1,
Code
2025,
is
1
amended
to
read
as
follows:
2
1.
a.
Proceedings
for
the
involuntary
commitment
or
3
treatment
of
a
person
with
a
substance
use
disorder
to
a
4
facility
pursuant
to
this
chapter
or
for
the
involuntary
5
hospitalization
of
a
person
pursuant
to
chapter
229
may
6
be
commenced
by
any
interested
person
by
filing
a
verified
7
application
with
the
clerk
of
the
a
district
court
.
8
b.
If
the
verified
application
was
filed
in
a
district
9
court
of
a
county
where
the
respondent
is
not
located
and
10
does
not
reside,
the
court
shall
transfer
jurisdiction
of
the
11
case
to
the
district
court
of
the
county
where
the
respondent
12
is
presently
located
or
which
is
the
respondent’s
place
of
13
residence.
14
c.
The
clerk
,
or
the
clerk’s
designee
,
shall
assist
the
an
15
applicant
in
completing
the
verified
application.
16
Sec.
2.
Section
125.83,
Code
2025,
is
amended
to
read
as
17
follows:
18
125.83
Placement
for
evaluation.
19
If
upon
completion
of
the
commitment
hearing,
the
court
20
finds
that
the
contention
that
the
respondent
is
a
person
21
with
a
substance
use
disorder
has
been
sustained
by
clear
and
22
convincing
evidence,
the
court
shall
order
the
respondent
23
placed
at
a
facility
or
under
the
care
of
a
suitable
facility
24
on
an
outpatient
basis
as
expeditiously
as
possible
for
a
25
complete
evaluation
and
appropriate
treatment.
Any
peace
26
officer
shall
have
the
authority
to
take
the
respondent
27
into
custody
in
any
county
in
which
the
respondent
is
found
28
for
placement
at
a
facility
or
under
the
care
of
a
suitable
29
facility
in
accordance
with
an
order
entered
pursuant
to
this
30
section.
The
court
shall
furnish
to
the
facility
at
the
time
31
of
admission
or
outpatient
placement,
a
written
statement
of
32
facts
setting
forth
the
evidence
on
which
the
finding
is
based.
33
The
administrator
of
the
facility
shall
report
to
the
court
no
34
more
than
fifteen
days
after
the
individual
is
admitted
to
or
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placed
under
the
care
of
the
facility,
which
shall
include
the
1
chief
medical
officer’s
recommendation
concerning
treatment
of
2
a
substance
use
disorder.
An
extension
of
time
may
be
granted
3
for
a
period
not
to
exceed
seven
days
upon
a
showing
of
good
4
cause.
A
copy
of
the
report
shall
be
sent
to
the
respondent’s
5
attorney
who
may
contest
the
need
for
an
extension
of
time
if
6
one
is
requested.
If
the
request
is
contested,
the
court
shall
7
make
an
inquiry
as
it
deems
appropriate
and
may
either
order
8
the
respondent
released
from
the
facility
or
grant
an
extension
9
of
time
for
further
evaluation.
If
the
administrator
fails
to
10
report
to
the
court
within
fifteen
days
after
the
individual
11
is
admitted
to
the
facility,
and
no
extension
of
time
has
been
12
requested,
the
administrator
is
guilty
of
contempt
and
shall
be
13
punished
under
chapter
665
.
The
court
shall
order
a
rehearing
14
on
the
application
to
determine
whether
the
respondent
should
15
continue
to
be
held
at
the
facility.
16
Sec.
3.
Section
229.6,
subsection
1,
Code
2025,
is
amended
17
to
read
as
follows:
18
1.
a.
Proceedings
for
the
involuntary
hospitalization
of
19
an
individual
pursuant
to
this
chapter
or
for
the
involuntary
20
commitment
or
treatment
of
a
person
with
a
substance
use
21
disorder
to
a
facility
pursuant
to
chapter
125
may
be
commenced
22
by
any
interested
person
by
filing
a
verified
application
with
23
the
clerk
of
the
a
district
court
.
24
b.
If
the
verified
application
was
filed
with
a
district
25
court
where
the
respondent
is
not
located
and
does
not
reside,
26
the
court
shall
transfer
jurisdiction
of
the
case
to
the
27
district
court
of
the
county
where
the
respondent
is
presently
28
located,
or
which
is
the
respondent’s
place
of
residence.
29
c.
The
clerk,
or
the
clerk’s
designee,
shall
assist
the
an
30
applicant
in
completing
the
verified
application.
31
Sec.
4.
Section
229.13,
subsection
6,
Code
2025,
is
amended
32
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
33
following:
34
6.
A
hospital
or
facility’s
chief
medical
officer
shall
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inform
the
sheriff
or
a
law
enforcement
agency
if,
after
1
placement
of
a
respondent
in
or
under
the
care
of
a
hospital
or
2
other
suitable
facility
for
inpatient
treatment,
the
respondent
3
departs
from
the
hospital
or
facility
without
authorization
or
4
fails
to
appear
for
treatment
as
ordered.
The
law
enforcement
5
agency
shall
exercise
all
due
diligence
to
take
the
respondent
6
into
custody
for
placement
in
the
appropriate
hospital
or
7
facility.
8
Sec.
5.
Section
229.13,
Code
2025,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
8.
A
sheriff
or
peace
officer
shall
have
11
the
authority
to
take
a
respondent
into
custody
in
any
county
12
in
which
the
respondent
is
found
for
placement
in
a
hospital
or
13
facility
in
accordance
with
an
order
entered
pursuant
to
this
14
section.
15
Sec.
6.
Section
229.14B,
Code
2025,
is
amended
to
read
as
16
follows:
17
229.14B
Escape
from
custody.
18
A
person
who
is
placed
in
a
hospital
or
other
suitable
19
facility
for
evaluation
under
section
229.13
or
who
is
required
20
to
remain
hospitalized
for
treatment
under
section
229.14
21
shall
remain
at
that
hospital
or
facility
unless
discharged
or
22
otherwise
permitted
to
leave
by
the
court
or
the
chief
medical
23
officer
of
the
hospital
or
facility.
If
a
person
placed
at
a
24
hospital
or
facility
or
required
to
remain
at
a
hospital
or
25
facility
leaves
the
facility
without
permission
or
without
26
having
been
discharged,
the
chief
medical
officer
may
notify
27
the
a
sheriff
or
law
enforcement
agency
of
the
person’s
absence
28
and
the
sheriff
or
law
enforcement
agency
shall
take
the
person
29
into
custody
and
return
the
person
promptly
to
the
hospital
or
30
facility.
31
Sec.
7.
SUPREME
COURT
——
COURT
RULES.
The
supreme
court
32
shall
adopt
rules
to
implement
this
Act.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
filing
applications
and
custody
of
a
2
respondent
in
an
involuntary
commitment
proceeding.
3
The
bill
allows
any
interested
person
to
commence
an
4
involuntary
commitment
substance
abuse
proceeding
by
filing
a
5
verified
application
in
any
county.
If
a
verified
application
6
is
filed
in
a
district
court
of
a
county
where
the
respondent
7
is
not
located
and
does
not
reside,
the
court
must
transfer
8
jurisdiction
of
the
case
to
the
district
court
of
the
county
9
where
the
respondent
is
presently
located
or
where
the
10
respondent
resides.
11
Under
current
law,
if
a
person
has
been
ordered
by
a
court
12
to
receive
treatment
for
a
substance
use
disorder
or
a
serious
13
mental
impairment
and
the
person
leaves
the
county
where
the
14
person
was
ordered
to
receive
treatment
without
completing
the
15
treatment
and
without
prior
authorization,
the
sheriffs
and
16
peace
officers
(officers)
in
the
county
where
the
person
is
17
currently
located
may
not
have
the
authority
to
take
the
person
18
into
custody
for
placement
in
a
hospital
or
facility
(facility)
19
to
receive
treatment.
The
bill
authorizes
officers
to
take
a
20
person
into
custody
in
any
county
in
which
the
person
is
found
21
for
placement
at
a
facility
to
receive
court-ordered
treatment.
22
The
bill
directs
the
supreme
court
to
adopt
rules
to
23
implement
the
bill.
24
The
bill
makes
a
conforming
change
to
Code
section
229.14B.
25
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