Iowa-2013-HF2399-Introduced

H.F. 2399 Section 1. NEW SECTION . 222.93 Involuntary commitment of 1 persons. 2 1. A person may petition the court for commitment of a 3 person with an intellectual disability under this chapter. 4 2. After a hearing on the petition, the court may 5 involuntarily commit a person with an intellectual disability 6 for treatment under this chapter if any of the following apply: 7 a. The person is likely to physically injure oneself or 8 others if allowed to remain at liberty without treatment. 9 b. The person is likely to inflict serious emotional 10 injury on the person’s family or others who lack a reasonable 11 opportunity to avoid the person if the person is allowed to 12 remain at liberty without treatment. 13 c. The person is unable to fulfill the basic needs of the 14 person including but not limited to nourishment, clothing, 15 essential medical care, or shelter so that it is likely that 16 the person will suffer physical injury, physical debilitation, 17 or death. 18 3. If a person is committed pursuant to subsection 2, the 19 placement of the person shall be as follows: 20 a. Commit the person to any public or private facility 21 within or without the state, approved by the director of human 22 services. 23 b. Commit the person to the state resource center designated 24 by the administrator to serve the county in which the hearing 25 is being held, or to a special unit. 26 Sec. 2. Section 812.9, subsection 3, Code 2014, is amended 27 to read as follows: 28 3. a. Upon the termination of the defendant’s placement 29 pursuant to subsection 1 , or pursuant to section 812.8, 30 subsection 8 , the state may commence civil commitment 31 proceedings or any other appropriate commitment proceedings. 32 b. If the defendant has an intellectual disability, the 33 state may commence commitment proceedings for placement at a 34 state resource center pursuant to section 222.93 or placement 35 -1- LSB 5849YH (9) 85 jm/rj 1/ 3

H.F. 2399 at a similar facility for persons with an intellectual 1 disability. 2 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 3, shall not apply to this Act. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the involuntary commitment of persons 8 with an intellectual disability, including certain criminal 9 defendants. 10 Current law provides that if the court determines that 11 a criminal defendant suffers from a mental disorder which 12 prevents the defendant from appreciating the charge, 13 understanding the proceedings, or assisting effectively in 14 the defense, the court shall suspend the criminal proceedings 15 pursuant to Code chapter 812 until the defendant’s mental 16 competency is restored. Current law also specifies that such a 17 placement shall not exceed the maximum term of confinement for 18 the criminal offense for which the defendant stands accused or 19 a determination is made that the defendant’s competency will 20 not be restored in a reasonable amount of time. 21 The bill specifies that a person may petition the court 22 for commitment of a person with an intellectual disability, 23 including a criminal defendant in some situations, under new 24 Code section 222.93. 25 The bill provides that after a hearing on the petition, the 26 court may involuntarily commit a person with an intellectual 27 disability under Code chapter 222, if any of the following 28 apply: the person is likely to physically injure oneself or 29 others if allowed to remain at liberty without treatment; the 30 person is likely to inflict serious emotional injury on the 31 person’s family or others who lack a reasonable opportunity to 32 avoid the person if the person is allowed to remain at liberty 33 without treatment, or the person is unable to fulfill the basic 34 needs of the person so that it is likely that the person will 35 -2- LSB 5849YH (9) 85 jm/rj 2/ 3

H.F. 2399 suffer physical injury, physical debilitation, or death. 1 Upon the commitment of a person with an intellectual 2 disability, the court shall commit the person to any public or 3 private facility within or without the state, approved by the 4 director of human services, or commit the person to the state 5 resource center designated by the administrator to serve the 6 county in which the hearing is being held, or to a special unit 7 established at a state mental health institute. 8 The bill may include a state mandate as defined in Code 9 section 25B.3. The bill makes inapplicable Code section 25B.2, 10 subsection 3, which would relieve a political subdivision from 11 complying with a state mandate if funding for the cost of 12 the state mandate is not provided or specified. Therefore, 13 political subdivisions are required to comply with any state 14 mandate included in the bill. 15 -3- LSB 5849YH (9) 85 jm/rj 3/ 3