HF 573 — A bill for an act relating to filing applications and custody of the respondent in an involuntary commitment proceeding.

House File 573 - IntroducedEnrolled HOUSEHouse FILEFile 573 BYAN COMMITTEEACT ONRELATING JUDICIARY (SUCCESSOR TO HFFILING 139)APPLICATIONS AAND BILLCUSTODY FOROF AnTHE ActRESPONDENT relatingIN toAN filingINVOLUNTARY applicationsCOMMITMENT andPROCEEDING. custody of the respondent in an involuntary commitment proceeding.

TLSBSection 1144HV1. (1) 91 dg/ko H.F.

573 Section 1.

If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance use disorder has been sustained by clear and convincingHouse evidence,File the573, courtp. shall order the respondent placed at a facility or under the care of a suitable facility on an outpatient basis as expeditiously as possible for a complete evaluation and appropriate treatment.

2 convincing evidence, the court shall order the respondent placed at a facility or under the care of a suitable facility on an outpatient basis as expeditiously as possible for a complete evaluation and appropriate treatment.

The administrator of the facility shall report to the court no more than fifteen days after the individual is admitted to or LSBplaced 1144HVunder (1)the 91care -1-of dg/kothe 1/4facility, H.F.which shall include the chief medical officer’s recommendation concerning treatment of a substance use disorder.

573 placed under the care of the facility, which shall include the chief medical officer’s recommendation concerning treatment of a substance use disorder.

If the verified application was filed with a district court where the respondent is not located and does not reside, theHouse courtFile shall573, transferp. jurisdiction of the case to the district court of the county where the respondent is presently located, or which is the respondent’s place of residence.

3 the court shall transfer jurisdiction of the case to the district court of the county where the respondent is presently located, or which is the respondent’s place of residence.

A hospital or facility’s chief medical officer shall LSBinform 1144HVthe (1)sheriff 91or -2-a dg/kolaw 2/4enforcement H.F.agency if, after placement of a respondent in or under the care of a hospital or other suitable facility for inpatient treatment, the respondent departs from the hospital or facility without authorization or fails to appear for treatment as ordered.

573 inform the sheriff or a law enforcement agency if, after placement of a respondent in or under the care of a hospital or other suitable facility for inpatient treatment, the respondent departs from the hospital or facility without authorization or fails to appear for treatment as ordered.

If a person placed at a hospital or facility or required to remain at a hospital or facility leaves the facility without permission or without having been discharged, the chief medical officer may notify the a sheriff or law enforcement agency of the person’s absence and the sheriff or law enforcement agency shall take the person intoHouse custodyFile and573, returnp. the person promptly to the hospital or facility.

4 into custody and return the person promptly to the hospital or facility.

EXPLANATION______________________________ The______________________________ inclusionPAT GRASSLEY AMY SINCLAIR Speaker of the House President of the Senate I hereby certify that this explanationbill doesoriginated notin constitutethe agreementHouse withand LSBis 1144HVknown (1)as 91House -3-File dg/ko573, 3/4Ninety-first H.F.General Assembly.

573______________________________ theMEGHAN explanation’sNELSON substanceChief byClerk of the membersHouse ofApproved the_______________, general2025 assembly.______________________________ KIM REYNOLDS Governor

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.

LSB 1144HV (1) 91 -4- dg/ko 4/4