Bill
Bill > HF139
IA HF139
A bill for an act relating to filing applications and custody of the respondent in an involuntary commitment proceeding.(See HF 573.)
summary
Introduced
01/27/2025
01/27/2025
In Committee
01/27/2025
01/27/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
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.
AI Summary
This bill modifies procedures for involuntary commitment proceedings related to substance use disorders and mental health treatment. The legislation allows any interested person to file a verified application for involuntary commitment in any district court, with a requirement that if the application is filed in a county where the respondent does not reside or is not located, the court must transfer jurisdiction to the county where the respondent is currently located or resides. A key provision authorizes sheriffs and peace officers to take a person into custody in any county to place them in a treatment facility if they have been court-ordered to receive treatment but have left without authorization or failed to complete their mandated treatment. The bill also requires hospital or facility chief medical officers to inform law enforcement if a respondent leaves without authorization, and directs law enforcement to make diligent efforts to return the person to the appropriate treatment facility. Additionally, the supreme court is directed to adopt rules to implement these changes. These modifications aim to improve the process of involuntary commitment and ensure that individuals ordered to receive treatment for substance use disorders or mental health issues can be more effectively located and returned to treatment facilities when they leave without proper authorization.
Committee Categories
Justice
Sponsors (1)
Last Action
Withdrawn. H.J. 660. (on 03/14/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF139 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF139.html |
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