reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.6A - Transport orders.

229A.6A Transport orders.
1. A person who has been detained prior to trial pursuant to section 229A.5 or who has been civilly committed may be transported for the following purposes:
a. To trial and any other court proceedings if the court has authorized a transport order. A transport order may only be requested by the court, the person’s attorney, or the attorney general. Transportation shall be provided by the sheriff of the county in which the action has been brought, unless the court specifies otherwise or the parties agree to a different transportation arrangement. If a transport order is not authorized, the person may appear at any court proceedings other than trial by telephone or electronic means.
b. To a medical facility for medical treatment, if necessary medical treatment is not available at the facility where the person is confined. A transport order is not required to transport the person for medical treatment. However, the person is not entitled to choose the medical facility where treatment is to be obtained or the medical personnel to provide the treatment. Transportation of a committed person shall be provided by the sheriff of the county in which the person is confined if requested by the department of human services.
c. To a medical, psychological, or psychiatric evaluation. A person shall not be transported to another facility for evaluation without a court order. When a transportation order is requested under this paragraph, notice must be provided to the opposing party, and the opposing party must be given a reasonable amount of time to object to the issuance of such an order. The cost of the transportation shall be paid by the party who requests the order.
d. To a facility for placement or treatment in a transitional release program or for release with supervision. A transport order is not required under this paragraph.
2. This section shall not be construed to grant a person the right to personally appear at all court proceedings under this chapter.
2002 Acts, ch 1139, §7, 27; 2018 Acts, ch 1165, §99
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.8A - Transitional release.

229A.8A Transitional release.
1. The department of human services is authorized to establish a transitional release program and provide control, care, and treatment, and supervision of committed persons placed in such a program.
2. A committed person is suitable for placement in the transitional release program if the court finds that all of the following apply:
a. The committed person’s mental abnormality is no longer such that the person is a high risk to reoffend.
b. The committed person has achieved and demonstrated significant insights into the person’s sex offending cycle.
c. The committed person has accepted responsibility for past behavior and understands the impact sexually violent crimes have upon a victim.
d. A detailed relapse prevention plan has been developed and accepted by the treatment provider which is appropriate for the committed person’s mental abnormality and sex offending history.
e. No major discipline reports have been issued for the committed person for a period of six months.
f. The committed person is not likely to escape or attempt to escape custody pursuant to section 229A.5B.
g. The committed person is not likely to engage in predatory acts constituting sexually violent offenses while in the program.
h. The placement is in the best interest of the committed person.
i. The committed person has demonstrated a willingness to agree to and abide by all rules of the program.
3. If the committed person does not agree to the conditions of release, the person is not eligible for the transitional release program.
4. A committed person who refuses to register as a sex offender is not eligible for placement in a transitional release program.
5. Committed persons in the transitional release program are not necessarily required to be segregated from other persons.
6. The department of human services shall be responsible for establishing and implementing the rules and directives regarding the location of the transitional release program, staffing needs, restrictions on confinement and the movement of committed persons, and for assessing the progress of committed persons in the program. The court may also impose conditions on a committed person placed in the program.
7. The department of human services may contract with other government or private agencies, including the department of corrections, to implement and administer the transitional release program.
2002 Acts, ch 1139, §11, 27; 2003 Acts, ch 44, §47; 2004 Acts, ch 1175, §463, 468
Referred to in §229A.8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.8B - Violations of transitional release.

229A.8B Violations of transitional release.
1. The treatment staff in a transitional release program may remove the committed person from the program for a violation of any rule or directive, and return the person to a secure facility. The treatment staff may request the district court to issue an emergency ex parte order directing any law enforcement officer to take the committed person into custody so that the person can be returned to a secure facility. The request for an ex parte order may be made orally or by telephone, but the original written request or a facsimile copy of the original request shall be filed with the clerk of court no later than 4:30 p.m. on the next business day the office of the clerk of court is open.
2. If a committed person absconds from a transitional release program in violation of the rules or directives, a presumption arises that the person poses a risk to public safety. The department of human services, in cooperation with local law enforcement agencies, may make a public announcement about the absconder. The public announcement may include a description of the committed person, that the person is in transitional release from the sexually violent predator program, and any other information important to public safety.
3. Upon the return of the committed person to a secure facility, the director of human services or the director’s designee shall notify the court that issued the ex parte order that the absconder has been returned to a secure facility, and the court shall set a hearing to determine if a violation occurred. If a court order was not issued, the director or the director’s designee shall contact the nearest district court with jurisdiction to set a hearing to determine whether a violation of the rules or directives occurred. The court shall schedule a hearing after receiving notice that the committed person has been returned from the transitional release program to a secure facility.
4. At the hearing, the burden shall be upon the attorney general to show by a preponderance of the evidence that a violation of the rules or directives occurred. The hearing shall be to the court.
5. If the court determines a violation occurred, the court shall either order the committed person to be returned to the transitional release program or to be confined in a secure facility. The court may impose further conditions upon the committed person if returned to the transitional release program. If the court determines no violation occurred, the committed person shall be returned to the transitional release program.
2002 Acts, ch 1139, §12, 27; 2018 Acts, ch 1165, §101
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.9A - Release with supervision.

229A.9A Release with supervision.
1. In any proceeding under section 229A.8, the court may order the committed person released with supervision if any of the following apply:
a. The attorney general stipulates to the release with supervision.
b. The court or jury has determined that the person should be released from a secure facility or a transitional release program, but the court has determined the person suffers from a mental abnormality and it is in the best interest of the community to order release with supervision before the committed person is discharged.
2. If release with supervision is ordered, the department of human services shall prepare within sixty days of the order of the court a release plan addressing the person’s needs for counseling, medication, community support services, residential services, vocational services, alcohol or other drug abuse treatment, sex offender treatment, or any other treatment or supervision necessary.
3. The court shall set a hearing on the release plan prepared by the department of human services before the committed person is released from a secure facility or a transitional release program.
4. If the court orders release with supervision, the court shall order supervision by an agency with jurisdiction that is familiar with the placement of criminal offenders in the community. The agency with jurisdiction shall be responsible for initiating proceedings for violations of the release plan as provided in section 229A.9B.
5. A committed person may not petition the court for release with supervision.
6. A committed person released with supervision is not considered discharged from civil commitment under this chapter.
7. After being released with supervision, the person may petition the court for discharge as provided in section 229A.8.
8. The court shall retain jurisdiction over the committed person who has been released with supervision until the person is discharged from the program. The department of human services or a judicial district department of correctional services shall not be held liable for any acts committed by a committed person who has been ordered released with supervision.
2002 Acts, ch 1139, §13, 27; 2014 Acts, ch 1059, §2; 2018 Acts, ch 1165, §102
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.9B - Violations of release with supervision.

229A.9B Violations of release with supervision.
1. If a committed person violates the release plan, the agency with jurisdiction over the person may request the court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody so that the person can be returned to a secure facility. The request for an ex parte order may be made orally or by telephone, but the original written request or a facsimile copy of the request shall be filed with the clerk of court no later than 4:30 p.m. on the next business day the office of the clerk of court is open.
2. If a committed person has absconded in violation of the conditions of the person’s release plan, a presumption arises that the person poses a risk to public safety. The department of human services or contracting agency, in cooperation with local law enforcement agencies, may make a public announcement about the absconder. The public announcement may include a description of the committed person, that the committed person is on release with supervision from the sexually violent predator program, and any other information pertinent to public safety.
3. Upon the return of the committed person to a secure facility, the director of human services or the director’s designee shall notify the court that issued the ex parte order that the committed person has been returned to a secure facility, and the court shall set hearing to determine if a violation occurred. If a court order was not issued, the director or the director’s designee shall contact the nearest district court with jurisdiction to set a hearing to determine whether a violation of the conditions of the release plan occurred. The court shall schedule a hearing after receiving notice that the committed person has been returned to a secure facility.
4. At the hearing, the burden shall be upon the attorney general to show by a preponderance of the evidence that a violation of the release plan occurred.
5. If the court determines a violation occurred, the court shall receive release recommendations from the department of human services and either order that the committed person be returned to release with supervision or placed in a transitional release program, or be confined in a secure facility. The court may impose further conditions upon the committed person if returned to release with supervision or placed in the transitional release program. If the court determines no violation occurred, the committed person shall be returned to release with supervision.
2002 Acts, ch 1139, §14, 27; 2018 Acts, ch 1165, §103
Referred to in §229A.9A
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.10 - Petition for discharge — procedure.

229A.10 Petition for discharge — procedure.
1. If the director of human services determines that the person’s mental abnormality has so changed that the person is not likely to engage in predatory acts that constitute sexually violent offenses if discharged, the director shall authorize the person to petition the court for discharge. The petition shall be served upon the court and the attorney general. The court, upon receipt of the petition for discharge, shall order a hearing within thirty days. The attorney general shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the attorney general’s choice. The hearing shall be before a jury if demanded by either the petitioner or the attorney general. If the attorney general objects to the petition for discharge, the burden of proof shall be upon the attorney general to show beyond a reasonable doubt that the petitioner’s mental abnormality or personality disorder remains such that the petitioner is likely to engage in predatory acts that constitute sexually violent offenses if discharged.
2. Upon a finding that the state has failed to meet its burden of proof under this section, the court shall authorize the committed person to be discharged.
98 Acts, ch 1171, §10; 99 Acts, ch 61, §8, 14; 2002 Acts, ch 1139, §15, 27; 2003 Acts, ch 44, §48
Referred to in §229A.5B
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.11 - Subsequent discharge or transitional release petitions — limitations.

229A.11 Subsequent discharge or transitional release petitions — limitations.
Nothing in this chapter shall prohibit a person from filing a petition for discharge or placement in a transitional release program, pursuant to this chapter. However, if a person has previously filed a petition for discharge or for placement in a transitional release program without the authorization of the director of human services, and the court determines either upon review of the petition or following a hearing that the petition was frivolous or that the petitioner’s condition had not so changed that the person was not likely to engage in predatory acts constituting sexually violent offenses if discharged, or was not suitable for placement in the transitional release program, then the court shall summarily deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director’s authorization, the court shall endeavor whenever possible to review the petition and determine if the petition is based upon frivolous grounds. If the court determines that a petition is frivolous, the court shall dismiss the petition without a hearing.
98 Acts, ch 1171, §11; 2002 Acts, ch 1139, §16, 27
Referred to in §229A.8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.12 - Director of human services — responsibility for costs — reimbursement.

229A.12 Director of human services — responsibility for costs — reimbursement.
The director of human services shall be responsible for all costs relating to the evaluation, treatment, and services provided to a person that are incurred after the person is committed to the director’s custody after the court or jury determines that the respondent is a sexually violent predator and pursuant to commitment under any provision of this chapter. If placement in a transitional release program or supervision is ordered, the director shall also be responsible for all costs related to the transitional release program or to the supervision and treatment of any person. Reimbursement may be obtained by the director from the patient and any person legally liable or bound by contract for the support of the patient for the cost of confinement or of care and treatment provided. To the extent allowed by the United States social security administration, any benefit payments received by the person pursuant to the federal Social Security Act shall be used for the costs incurred. As used in this section, “any person legally liable” does not include a political subdivision.
98 Acts, ch 1171, §12; 98 Acts, ch 1181, §26; 99 Acts, ch 61, §9, 14; 2002 Acts, ch 1139, §17, 27; 2005 Acts, ch 175, §99
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.12A - Director of the department of corrections — responsibility for safekeeper.

229A.12A Director of the department of corrections — responsibility for safekeeper.
The director of the department of corrections shall have authority, once a person is detained pursuant to section 229A.5, to make a determination as to the appropriate secure facility within the department of corrections in which the safekeeper is to be placed, taking into consideration the safekeeper’s medical needs and ability to interact with offenders who have been committed to the custody of the director of the department of corrections. The director has authority to determine the safekeeper’s degree of segregation from offenders, including whether total segregation is appropriate under the circumstances or whether the safekeeper should be permitted to participate in normal confinement activities in the presence of offenders.
2002 Acts, ch 1139, §18, 27
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.13 - Severability.

229A.13 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are severable.
98 Acts, ch 1171, §14
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.14 - Release of confidential or privileged information and records.

229A.14 Release of confidential or privileged information and records.
Notwithstanding any provision in the Code regarding confidentiality to the contrary, any relevant information and records which would otherwise be confidential or privileged, except information subject to attorney-client privilege and attorney work product, shall be released to the agency with jurisdiction or the attorney general for the purpose of meeting the notice requirement provided in section 229A.3 and determining whether a person is or continues to be a sexually violent predator.
98 Acts, ch 1171, §15; 2002 Acts, ch 1139, §19, 27
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.15 - Court records — sealed and opened by court order.

229A.15 Court records — sealed and opened by court order.
1. Except as otherwise provided in this section, any psychological reports, drug and alcohol reports, treatment records, reports of any diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter shall be part of the record but shall be sealed and opened only on order of the court.
2. The documents described in subsection 1 shall be available to the prosecuting attorney or attorney general, the committed person, and the attorney for the committed person without an order of the court.
98 Acts, ch 1171, §16; 2018 Acts, ch 1172, §63
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.15A - Civil protective order.

229A.15A Civil protective order.
A victim of a crime that was committed before the filing of a petition under this chapter by a safekeeper or by a person subjected to an order of civil commitment pursuant to this chapter, may obtain a protective order against the safekeeper or person using the procedures set out in section 915.22.
2002 Acts, ch 1139, §20, 27
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.1 - Definitions.

230.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Administrator” means the administrator of the department of human services assigned, in accordance with section 218.1, to control the state mental health institutes, or that administrator’s designee.
2. “Book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
3. “Department” means the department of human services.
4. “Region” means a mental health and disability services region formed in accordance with section 331.389.
5. “Regional administrator” means the same as defined in section 331.388.
2018 Acts, ch 1137, §1
Former §230.1 transferred to §230.1A
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.1A - Liability of county and state.

230.1A Liability of county and state.
1. The necessary and legal costs and expenses attending the taking into custody, care, investigation, admission, commitment, and support of a person with mental illness admitted or committed to a state hospital shall be paid by the regional administrator on behalf of the person’s county of residence or by the state as follows:
a. If the person is eighteen years of age or older, as follows:
(1) The costs attributed to mental illness shall be paid by the regional administrator on behalf of the person’s county of residence.
(2) The costs attributed to a substance-related disorder shall be paid by the person’s county of residence.
(3) The costs attributable to a dual diagnosis of mental illness and a substance-related disorder may be split as provided in section 226.9C.*
b. By the state if such person has no residence in this state, if the person’s residence is unknown, or if the person is under eighteen years of age.
2. The county of residence of any person with mental illness who is a patient of any state institution shall be the person’s county of residence existing at the time of admission to the institution.
3. A region or county of residence is not liable for costs and expenses associated with a person with mental illness unless the costs and expenses are for services and other support authorized for the person through the regional administrator for the county.
[C73, §1402; C97, §2270; S13, §2270; C24, 27, 31, 35, 39, §3581; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.1]
96 Acts, ch 1129, §113; 96 Acts, ch 1183, §24; 98 Acts, ch 1181, §6, 7, 10; 2004 Acts, ch 1090, §33; 2012 Acts, ch 1120, §106, 130; 2014 Acts, ch 1140, §73; 2015 Acts, ch 69, §69; 2015 Acts, ch 138, §38, 161, 162; 2016 Acts, ch 1073, §81; 2018 Acts, ch 1137, §2; 2018 Acts, ch 1165, §69
C2019, §230.1A
[ ()]*Section 226.9C repealed by
2018 Acts, ch 1165, §77
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.2 - Finding of residence.

230.2 Finding of residence.
If a person’s residency status is disputed, the residency shall be determined in accordance with section 331.394. Otherwise, the district court may, when the person is ordered placed in a hospital for psychiatric examination and appropriate treatment, or as soon thereafter as the court obtains the proper information, make one of the following determinations and enter of record whether the residence of the person is in a county or the person is a resident in another state or in a foreign country, or when the person’s residence is unknown, as follows:
1. That the person’s residence is in the county from which the person was placed in the hospital.
2. That the person’s residence is in another county of the state.
3. That the person’s residence is in a foreign state or country.
4. That the person’s residence is unknown.
[C24, 27, 31, 35, 39, §3582; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.2]
2004 Acts, ch 1090, §44; 2012 Acts, ch 1120, §107, 130; 2014 Acts, ch 1092, §47; 2018 Acts, ch 1165, §70
Referred to in §230.4, 230.5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.3 - Certification of residence.

230.3 Certification of residence.
If a person’s county of residence is determined by the regional administrator for a county to be in another county of this state, the regional administrator making the determination shall certify the determination to the superintendent of the hospital to which the person is admitted or committed. The certification shall be accompanied by a copy of the evidence supporting the determination. Upon receiving the certification, the superintendent shall charge the expenses already incurred and unadjusted, and all future expenses of the person, to the regional administrator for the county determined to be the county of residence.
[C73, §1417; C97, §2281; C24, 27, 31, 35, 39, §3583; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.3]
2004 Acts, ch 1090, §33, 45; 2012 Acts, ch 1120, §108, 130; 2015 Acts, ch 69, §70; 2016 Acts, ch 1073, §82
Referred to in §230.4, 230.5, 331.502
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.4 - Certification to regional administrator.

230.4 Certification to regional administrator.
A determination of a person’s county of residence made in accordance with section 230.2 or 230.3 shall be sent by the court or the county to the regional administrator of the person’s county of residence. The certification shall be accompanied by a copy of the evidence supporting the determination. The regional administrator shall provide the certification to the region’s governing board, and it shall be conclusively presumed that the person has residence in a county in the notified region unless that regional administrator disputes the finding of residence as provided in section 331.394.
[C73, §1402; C97, §2270; S13, §2270; C24, 27, 31, 35, 39, §3584; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.4]
2004 Acts, ch 1090, §46; 2012 Acts, ch 1120, §109, 130; 2018 Acts, ch 1137, §3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.5 - Nonresidents.

230.5 Nonresidents.
If a person’s residence is determined in accordance with section 230.2 or 230.3 to be in a foreign state or country, or is unknown, the court or the regional administrator of the person’s county of residence shall immediately certify the determination to the department’s administrator. The certification shall be accompanied by a copy of the evidence supporting the determination. A court order issued pursuant to section 229.13 shall direct that the patient be hospitalized at the appropriate state hospital for persons with mental illness.
[C73, §1402; C97, §2270; S13, §2270, 2727-a28a; C24, 27, 31, 35, 39, §3585; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.5]
96 Acts, ch 1129, §113; 2000 Acts, ch 1112, §41; 2004 Acts, ch 1090, §47; 2012 Acts, ch 1120, §110, 130; 2018 Acts, ch 1137, §4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.6 - Investigation by administrator.

230.6 Investigation by administrator.
The administrator shall immediately investigate the residency of a patient and proceed as follows:
1. If the administrator concurs with a certified determination of residency concerning the patient, the administrator shall cause the patient either to be transferred to a state hospital for persons with mental illness at the expense of the state, or to be transferred, with approval of the court as required by chapter 229, to the place of foreign residence.
2. If the administrator disputes a certified legal residency determination, the administrator shall order the patient to be maintained at a state hospital for persons with mental illness at the expense of the state until the dispute is resolved.
3. If the administrator disputes a residency determination, the administrator shall utilize the procedure provided in section 331.394 to resolve the dispute. A determination of the person’s residency status made pursuant to section 331.394 is conclusive.
[S13, §2727-a28a; C24, 27, 31, 35, 39, §3586; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.6]
96 Acts, ch 1129, §113; 97 Acts, ch 23, §18; 2004 Acts, ch 1090, §48; 2012 Acts, ch 1120, §111, 130; 2022 Acts, ch 1032, §44
Subsection 1 amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.7 - Transfer of nonresidents.

230.7 Transfer of nonresidents.
Upon determining that a patient in a state hospital who has been involuntarily hospitalized under chapter 229 or admitted voluntarily at public expense was not a resident of this state at the time of the involuntary hospitalization or admission, the administrator may cause that patient to be conveyed to the patient’s place of residence. However, a transfer under this section may be made only if the patient’s condition so permits and other reasons do not render the transfer inadvisable. If the patient was involuntarily hospitalized, prior approval of the transfer must be obtained from the court which ordered the patient hospitalized.
[C73, §1419; C97, §2283; S13, §2283, 2727-a28a; C24, 27, 31, 35, 39, §3587; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.7]
97 Acts, ch 23, §19
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.8 - Transfers of persons with mental illness — expenses.

230.8 Transfers of persons with mental illness — expenses.
The transfer to any state hospitals or to the places of their residence of persons with mental illness who have no residence in this state or whose residence is unknown, shall be made according to the directions of the administrator, and when practicable by employees of the state hospitals. The actual and necessary expenses of such transfers shall be paid by the department on itemized vouchers sworn to by the claimants and approved by the administrator.
[S13, §2308-a, 2727-a28b; C24, 27, 31, 35, 39, §3588; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.8]
96 Acts, ch 1129, §113; 2012 Acts, ch 1120, §112, 130; 2016 Acts, ch 1138, §5; 2018 Acts, ch 1165, §71
Referred to in §8.59, 230.31
Appropriation limited for fiscal years beginning on or after July 1, 1993; see §8.59
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.9 - Subsequent discovery of residence.

230.9 Subsequent discovery of residence.
If, after a person has been received by a state hospital for persons with mental illness whose residence is supposed to be outside this state, the administrator determines that the residence of the person was, at the time of admission or commitment, in a county of this state, the administrator shall certify the determination and charge all legal costs and expenses pertaining to the admission or commitment and support of the person to the regional administrator of the person’s county of residence. The certification shall be sent to the regional administrator of the person’s county of residence. The certification shall be accompanied by a copy of the evidence supporting the determination. The costs and expenses shall be collected as provided by law in other cases. If the person’s residency status has been determined in accordance with section 331.394, the legal costs and expenses shall be charged in accordance with that determination.
[S13, §2727-a28a; C24, 27, 31, 35, 39, §3589; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.9]
96 Acts, ch 1129, §113; 2004 Acts, ch 1090, §49; 2012 Acts, ch 1120, §113, 130; 2018 Acts, ch 1137, §5; 2018 Acts, ch 1165, §72
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.10 - Payment of costs.

230.10 Payment of costs.
All legal costs and expenses attending the taking into custody, care, investigation, and admission or commitment of a person to a state hospital for persons with mental illness under a finding that the person has residency in another county of this state shall be charged against the regional administrator of the person’s county of residence.
[S13, §2308-a; C24, 27, 31, 35, 39, §3590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.10]
87 Acts, ch 36, §1; 96 Acts, ch 1129, §113; 2012 Acts, ch 1120, §114, 130; 2018 Acts, ch 1137, §6
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.11 - Recovery of costs from state.

230.11 Recovery of costs from state.
Costs and expenses attending the taking into custody, care, and investigation of a person who has been admitted or committed to a state hospital, United States department of veterans affairs hospital, or other agency of the United States government, for persons with mental illness and who has no residence in this state or whose residence is unknown, including cost of commitment, if any, shall be paid as approved by the administrator. The amount of the costs and expenses approved by the administrator is appropriated to the department from any moneys in the state treasury not otherwise appropriated. Payment shall be made by the department on itemized vouchers executed by the regional administrator of the person’s county which has paid them, and approved by the administrator.
[S13, §2308-a; C24, 27, 31, 35, 39, §3591; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.11]
96 Acts, ch 1129, §113; 2009 Acts, ch 26, §13; 2012 Acts, ch 1120, §115, 130; 2014 Acts, ch 1092, §48; 2015 Acts, ch 30, §73; 2018 Acts, ch 1137, §7; 2018 Acts, ch 1165, §73; 2019 Acts, ch 24, §104
Referred to in §8.59, 331.502
Appropriation limited for fiscal years beginning on or after July 1, 1993; see §8.59
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.12 - Residency disputes.

230.12 Residency disputes.
If a dispute arises between different counties or between the administrator and a regional administrator for a county as to the residence of a person admitted or committed to a state hospital for persons with mental illness, the dispute shall be resolved as provided in section 331.394.
[C73, §1418; C97, §2270, 2282; S13, §2270; C24, 27, 31, 35, 39, §3592; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.12]
91 Acts, ch 267, §141; 94 Acts, ch 1170, §4; 95 Acts, ch 119, §1, 5; 96 Acts, ch 1129, §113; 2004 Acts, ch 1090, §50; 2012 Acts, ch 1120, §116, 130; 2018 Acts, ch 1137, §8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.16 - Presumption.

230.16 Presumption.
In actions to enforce the liability imposed by section 230.15, the certificate from the superintendent to the regional administrator of the person’s county of residence stating the sums charged in such cases, shall be presumptively correct.
[R60, §1488; C73, §1433; C97, §2297; C24, 27, 31, 35, 39, §3596; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.16]
2018 Acts, ch 1137, §10
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.17 - Board may compromise lien.

230.17 Board may compromise lien.
The board of supervisors of the person’s county of residence is hereby empowered to compromise any and all liabilities to the county created by this chapter, when compromise is deemed to be in the best interests of the county.
[C73, §1433; C97, §2297; C24, 27, 31, 35, 39, §3597; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.17]
2018 Acts, ch 1137, §11; 2019 Acts, ch 24, §21
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.18 - Expense in county or private hospitals.

230.18 Expense in county or private hospitals.
The estates of persons with mental illness who may be treated or confined in any county hospital or home, or in any private hospital or sanatorium, and the estates of persons legally bound for their support, shall be liable to the regional administrator of the person’s county of residence for the reasonable cost of such support.
[R60, §1488; C73, §1433; C97, §2297; C24, 27, 31, 35, 39, §3598; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.18]
96 Acts, ch 1129, §113; 2018 Acts, ch 1137, §12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.19 - Nonresidents liable to state — presumption.

230.19 Nonresidents liable to state — presumption.
The estates of all nonresident patients provided for and treated in state hospitals for persons with mental illness in this state, and all persons legally bound for the support of such patients, shall be liable to the state for the reasonable value of the care, maintenance, and treatment of such patients while in such hospitals. The certificate of the superintendent of the state hospital in which any nonresident is or has been a patient, showing the amounts drawn from the state treasury or due therefrom as provided by law on account of such nonresident patient, shall be presumptive evidence of the reasonable value of the care, maintenance, and treatment furnished such patient.
[S13, §2297-a; C24, 27, 31, 35, 39, §3599; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.19]
96 Acts, ch 1129, §113
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.21 - Notice to county of residence.

230.21 Notice to county of residence.
The regional administrator shall furnish to the board of supervisors of the county of residence a list of the names of the persons who are residents of that county and eligible for mental health and disability services funding.
[R60, §1487; C73, §1428; C97, §2292; S13, §2292; C24, 27, 31, 35, 39, §3601; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.21]
83 Acts, ch 123, §86, 209; 2018 Acts, ch 1137, §14
Referred to in §228.6, 230.25, 331.502, 331.552
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.22 - Penalty.

230.22 Penalty.
If a regional administrator fails to pay the amount billed by a statement submitted pursuant to section 230.20 within forty-five days from the date the statement is received by the regional administrator, the department shall charge the delinquent regional administrator the penalty of one percent per month on and after forty-five days from the date the statement is received by the regional administrator until paid. Provided, however, that the penalty shall not be imposed if the regional administrator has notified the department of error or questionable items in the billing, in which event, the department shall suspend the penalty only during the period of negotiation.
[C97, §2292; S13, §2292; C24, 27, 31, 35, 39, §3602; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.22]
98 Acts, ch 1218, §74; 2001 Acts, ch 155, §26; 2018 Acts, ch 1137, §15
Referred to in §331.502
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.25 - Financial investigation by supervisors.

230.25 Financial investigation by supervisors.
1. Upon receipt from the regional administrator for mental health and disability services of the list of names furnished pursuant to section 230.21, the board of supervisors of the county of residence shall make an investigation to determine the ability of each person whose name appears on the list, and also the ability of any person liable under section 230.15 for the support of that person, to pay the expenses of that person’s hospitalization. If the board finds that neither the hospitalized person nor any person legally liable for the person’s support is able to pay those expenses, the board shall direct the regional administrator not to index the names of any of those persons as would otherwise be required by section 230.26. However the board may review its finding with respect to any person at any subsequent time at which another list is furnished by the regional administrator upon which that person’s name appears. If the board finds upon review that that person or those legally liable for the person’s support are presently able to pay the expenses of that person’s hospitalization, that finding shall apply only to charges stated upon the certificate from which the list was drawn up and any subsequent charges similarly certified, unless and until the board again changes its finding.
2. All liens created under section 230.25, as that section appeared in the Code of 1975 and prior editions of the Code, are abolished effective January 1, 1977, except as otherwise provided by subsection 1. The board of supervisors of each county shall, as soon as practicable after July 1, 1976, review all liens resulting from the operation of said section 230.25, Code 1975, and make a determination as to the ability of the person against whom the lien exists to pay the charges represented by the lien, and if they find that the person is able to pay those charges they shall direct the county attorney of that county to take immediate action to enforce the lien. If action is commenced under this section on any lien prior to the effective date of the abolition thereof, that lien shall not be abolished but shall continue until the action is completed. The board of supervisors shall release any such lien when the charge on which the lien is based is fully paid or is compromised and settled by the board in such manner as its members deem to be in the best interest of the county, or when the estate affected by the lien has been probated and the proceeds allowable have been applied on the lien.
[C39, §3604.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.25]
2018 Acts, ch 1137, §16; 2019 Acts, ch 59, §67
Referred to in §228.6, 230.15, 230.30, 331.381, 331.502, 331.756(41)
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.26 - Regional administrator to keep record.

230.26 Regional administrator to keep record.
The regional administrator shall keep an accurate account of the cost of the maintenance of any patient kept in any institution as provided for in this chapter and keep an index of the names of the persons admitted or committed from each county in the region. The name of the spouse of the person admitted or committed shall also be indexed in the same manner as the names of the persons admitted or committed are indexed. The book shall be designated as an account book or index, and shall have no reference in any place to a lien.
[C39, §3604.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.26]
2018 Acts, ch 1137, §17
Referred to in §228.6, 230.25, 331.502, 331.508
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.27 - Board and county attorney to collect.

230.27 Board and county attorney to collect.
It shall be the duty of the board of supervisors to collect said claims and direct the county attorney to proceed with the collection of said claims as a part of the duties of the county attorney’s office.
[C39, §3604.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.27]
Referred to in §331.381, 331.756(41)
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.30 - Claim against estate.

230.30 Claim against estate.
On the death of a person receiving or who has received assistance under the provisions of this chapter, and whom the board has previously found, under section 230.25, is able to pay there shall be allowed against the estate of such decedent a claim of the sixth class for that portion of the total amount paid for that person’s care which exceeds the total amount of all claims of the first through the fifth classes, inclusive, as defined in section 633.425, which are allowed against that estate.
[C39, §3604.6; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.30]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.31 - Departers from other states.

230.31 Departers from other states.
If a person with mental illness departs without proper authority from an institution in another state and is found in this state, a peace officer in the county in which the patient is found may take and detain the patient without order and shall report the detention to the administrator who shall provide for the return of the patient to the authorities of the state where the unauthorized leave was made. Pending such return, the patient may be detained temporarily at one of the institutions of this state under the control of the administrator or any other administrator of the department of human services. Expenses incurred under this section shall be paid in the same manner as is provided for transfers in section 230.8.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §230.31]
83 Acts, ch 96, §157, 159; 96 Acts, ch 1129, §113; 2000 Acts, ch 1112, §42
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.32 - Support of nonresident patients on leave.

230.32 Support of nonresident patients on leave.
The cost of support of patients without residence in this state, who are placed on convalescent leave or removed from a state mental institute to any health care facility licensed under chapter 135C for rehabilitation purposes, shall be paid from the hospital support fund and shall be charged on abstract in the same manner as state inpatients, until such time as the patient becomes self-supporting or qualifies for support under existing statutes.
[C66, 71, 73, 75, 77, 79, 81, §230.32]
2012 Acts, ch 1120, §117, 130
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.33 - Reciprocal agreements.

230.33 Reciprocal agreements.
1. The administrator may enter into agreements with other states, through their duly constituted authorities, to effect the reciprocal return of persons with mental illness and persons with an intellectual disability to the contracting states, and to effect the reciprocal supervision of persons on convalescent leave.
2. However, in the case of a proposed transfer of a person with mental illness or an intellectual disability from this state, final action shall not be taken without the approval of the district court of the county of admission or commitment.
[C66, 71, 73, 75, 77, 79, 81, §230.33]
96 Acts, ch 1129, §61; 2000 Acts, ch 1112, §43; 2012 Acts, ch 1019, §82; 2013 Acts, ch 90, §55; 2018 Acts, ch 1137, §18
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 230 - SUPPORT OF PERSONS WITH MENTAL ILLNESS › Section 230.35 - Releasing liens.

230.35 Releasing liens.
A lien obtained pursuant to an action to collect any claim arising under this chapter shall be released by the board of supervisors when the claim or claims on which the lien is based have been fully paid or compromised and settled by the board, or when the estate of which the real estate subject to the lien is a part has been probated and the proceeds allowable have been applied to the claim or claims on which the lien is based.
[C79, 81, §230.35]
Referred to in §331.381