Iowa 2019-2020 Regular Session Status: Enacted

HF 421 — A bill for an act relating to institutions under the control of the department of human services, including providing for the transfer of dangerous persons with mental illness from a hospital for persons with mental illness to the Iowa medical and classification center. (Formerly HSB 73.) Effective 7-1-19.

Last action — Signed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2019. Enacted.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

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Bill Text

What changed in the latest version

94 added · 103 removed

94 line(s) added, 103 removed.

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KIM REYNOLDS O F F IC E O F T H E G O V E R N O R ADAM GREGG GOVERNOR LT GOVERNOR May 9, 2019 The Honorable Paul Pate Secretary of State of Iowa State Capitol Des Moines, Iowa 50319 Dear Mr.
House File 421 - Enrolled House File 421 AN ACT RELATING TO INSTITUTIONS UNDER THE CONTROL OF THE DEPARTMENT OF HUMAN SERVICES, INCLUDING PROVIDING FOR THE TRANSFER OF DANGEROUS PERSONS WITH MENTAL ILLNESS FROM A HOSPITAL FOR PERSONS WITH MENTAL ILLNESS TO THE IOWA MEDICAL AND CLASSIFICATION CENTER.
Secretary, I hereby transmit:
House File 421, An Act relating to institutions under the control of the department of human services, including providing for the transfer of dangerous persons with mental illness from a hospital for persons with mental illness to the Iowa medical and classification center.
The above House File is hereby approved on this date.
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.3527 WWW.GOVERNOR.IOWA.GOV I lli1mmmmmmm1i11m111rnrumm1111mmummm1 mn1m1m 1 umm11m1mUDn1 m1mm11nJlll House F ile 421 AN ACT RELATING TO INSTITUTIONS UNDER THE CONTROL OF THE DEPARTMENT OF HUMAN SERVICES, INCLUDING PROVIDING FOR THE TRANSFER OF DANGEROUS PERSONS WITH MENTAL ILLNESS FROM A HOSPITAL FOR PERSONS WITH MENTAL ILLNESS TO THE IOWA MEDICAL AND CLASSIFICATION CENTER.
Section 218.1, Code 2019, is amended to read as follow s:
Section 218.1, Code 2019, is amended to read as follows:
218.1 In stitu tio n s controlled.
218.1 Institutions controlled.
The d ire c to r of human serv ices s h a ll have the general and f u ll au th o rity given under s ta tu te to co n tro l, manage, d ire c t, and operate the following in s titu tio n s under the d ire c to r's ju ris d ic tio n , and may a t the d ir e c to r 's d isc re tio n assign the powers and a u th o ritie s given the d ire c to r by s ta tu te to any one of the deputy d ire c to rs , d iv isio n ad m in istrato rs, or o ffic e rs or employees of the d iv isio n s of the department of human serv ices:
The director of human services shall have the general and full authority given under statute to control, manage, direct, and operate the following institutions under the director’s jurisdiction, and may at the director’s discretion assign the powers and authorities given the director by statute to any one of the deputy directors, division administrators, or officers or employees of the divisions of the department of human services:
Glenwood s ta te resource cen ter.
Glenwood state resource center.
Woodward s ta te resource cen ter.
Woodward state resource center.
Mental health in s titu te , Cherokee, Iowa.
Mental health institute, Cherokee, Iowa.
Meatal health ia stitt1 te , Clar iada, Iowa.
Mental health institute, Clarinda, Iowa.
5-o 4.
5.
Mental health in s titu te , Independence, Iowa.
4.
Mental health institute, Independence, Iowa.
Meatal health ia s titttte , Mottat P leasaat, Iowa.
Mental health institute, Mount Pleasant, Iowa.
=Jo- 5.
7.
S tate tra in in g school.
5.
& .
State training school.
8.
House F ile 421 , p .
House File 421, p.
2 9-o 7.
2 9.
Other f a c ilitie s not attached to the campus of the main in s titu tio n as program developments require.
7.
Other facilities not attached to the campus of the main institution as program developments require.
Section 226.1, subsection 1 , Code 2019, is amended to read as follows:
Section 226.1, subsection 1, Code 2019, is amended to read as follows:
The s ta te hospitals for persons with mental illn e s s sh a ll be designated as follows:
The state hospitals for persons with mental illness shall be designated as follows:
Meatal Health Ia stih 1 te , Mouat Pleasaat 1 Iowa.
Mental Health Institute, Mount Pleasant, Iowa.
b .
b.
Mental Health In s titu te , Independence, Iowa.
Mental Health Institute, Independence, Iowa.
Meatal Health Ia s titu te , C lariada, Iowa.
Mental Health Institute, Clarinda, Iowa.
t i.
d.
Mental Health In s titu te , Cherokee, Iowa.
Mental Health Institute, Cherokee, Iowa.
226.30 Transfer of dangerous p atien ts.
226.30 Transfer of dangerous patients.
When a p atien t of any hospital for persons with mental illn e s s becomes in co rrig ib7land unmanageable to such an extent th at the p atien t is dangerous to the safety of others in the h o sp ital, the adm inistrator, with the consent of the d irecto r of the Iowa department of corrections, may apply in w riting to the d is tr ic t court or to any judge thereof, of the county in which the hospital is situ a te d , for an order to tran sfer the p atien t to the Iowa medical and c la ssific a tio n center and if the order is granted the p atien t sh a ll be so tran sferred .
When a patient of any hospital for persons with mental illness becomes incorrigible, and unmanageable to such an extent that the patient is dangerous to the safety of others in the hospital, the administrator, with the consent of the director of the Iowa department of corrections, may apply in writing to the district court or to any judge thereof, of the county in which the hospital is situated, for an order to transfer the patient to the Iowa medical and classification center and if the order is granted the patient shall be so transferred.
The county attorney of the county sh all appear in support of the application on behalf of the adm inistrator.
The county attorney of the county shall appear in support of the application on behalf of the administrator.
Section 232.102, subsections 4 and 5, Code 2019, are amended by strik in g the subsections.
Section 232.102, subsections 4 and 5, Code 2019, are amended by striking the subsections.
Section 232.103, subsection 7, Code 2019, is amended by strik in g the subsection.
Section 232.103, subsection 7, Code 2019, is amended by striking the subsection.
(3) The pupil is not in the s ta te train in g school or the Iowa juveaile home pursuant to a court order entered under chapter 232 under the care and custody of the department of human services.
(3) The pupil is not in the state training school or the Iowa juvenile home pursuant to a court order entered under chapter 232 under the care and custody of the department of human services.
The student is not in the s ta te training school or the Iowa juveaile home pursuant to a court order entered under chapter 232 under the care and custody of the department of House F ile 421 , p.
The student is not in the state training school or the Iowa juvenile home pursuant to a court order entered under chapter 232 under the care and custody of the department of House File 421, p.
3 humanrvices.
3 human services.
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Sec.Section 259A.
6, Code 2019 , i s amended to read as fo259Residents of juvenile in stitu tio n s and juvenile probationers.
Notwithstanding the provisions of section 259A.2 a minor who is a resident of a s ta te training school er the Iowa of a juvenile probation o ffice may make application for a high school equivalency diploma and upon successful completion of the program receive a high school equivalency diploma.
subparagraph (1), subparagraph division (b), Code 2019, is amended by strik in g the subparagraph division.
Section 331.756, subsection 51, Code 2019, is amended by strik in g the subsection.
8.
2019, is amended to read as follows:
Section 259A.6, Code 2019, is amended to read as follows:
paragraph k, Code k.Death of a person committed or admitted to a s ta te mental health in s titu te , a sta te resource center, or the sta te training school, er the Iowa jttveHile heme • .
259A.6 Residents of juvenile institutions and juvenile probationers.
~-!~ .
Notwithstanding the provisions of section 259A.2 a minor who is a resident of a state training school or the Iowa juvenile home or a minor who is placed under the supervision of a juvenile probation office may make application for a high school equivalency diploma and upon successful completion of the program receive a high school equivalency diploma.
,4Ch-a_p_t_e_r~23 ,~ CHARLES SCHNEIDER President of the Senate I hereby c e rtify that th is b i l l originated in the House and is known as House F ile 421, Eighty-eighth General Assembly.
Sec.
~-~:.I/ ~(€' CARMINE BOAL Appr~:]d~\ ',2019 Governor
9.
Section 331.424, subsection 1, paragraph a, subparagraph (1), subparagraph division (b), Code 2019, is amended by striking the subparagraph division.
Sec.
10.
Section 331.756, subsection 51, Code 2019, is amended by striking the subsection.
Sec.
11.
Section 331.802, subsection 3, paragraph k, Code 2019, is amended to read as follows:
k.
Death of a person committed or admitted to a state mental health institute, a state resource center, or the state training school, or the Iowa juvenile home.
Sec.
12.
REPEAL.
Chapter 233B, Code 2019, is repealed.
______________________________ ______________________________ LINDA UPMEYER CHARLES SCHNEIDER Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 421, Eighty-eighth General Assembly.
______________________________ CARMINE BOAL Chief Clerk of the House Approved _______________, 2019 ______________________________ KIM REYNOLDS Governor
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Amendments

1 amendment

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Message from Senate.

  4. Immediate message.

  5. Passed Senate, yeas 31, nays 16.

  6. Substituted for SF 338.

  7. Read first time and attached to similar SF 338.

  8. Message from House.

  9. Immediate message.

  10. Passed House, yeas 99 nays none.

  11. Amendment H-1166 adopted.

  12. Amendment H-1166 filed.

  13. Placed on calendar under unfinished business.

  14. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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What is the current status of HF 421?
This bill has been enacted into law. Introduced February 18, 2019. Enacted.
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