reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.14B - Escape from custody.

229.14B Escape from custody.
A person who is placed in a hospital or other suitable facility for evaluation under section 229.13 or who is required to remain hospitalized for treatment under section 229.14 shall remain at that hospital or facility unless discharged or otherwise permitted to leave by the court or the chief medical officer of the hospital or facility. 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 sheriff of the person’s absence and the sheriff shall take the person into custody and return the person promptly to the hospital or facility.
92 Acts, ch 1072, §4
C93, §229.14A
2001 Acts, ch 155, §32, 40
CS2001, §229.14B
Referred to in §218.92, 222.7, 225.17, 226.31, 227.15, 229.17, 229.21, 229.26, 229.38
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.16 - Discharge and termination of proceeding.

229.16 Discharge and termination of proceeding.
When the condition of a patient who is hospitalized pursuant to a report issued under section 229.14, subsection 1, paragraph “b”, or is receiving treatment pursuant to a report issued under section 229.14, subsection 1, paragraph “c”, or is in full-time care and custody pursuant to a report issued under section 229.14, subsection 1, paragraph “d”, is such that in the opinion of the chief medical officer the patient no longer requires treatment or care for serious mental impairment, the chief medical officer shall tentatively discharge the patient and immediately report that fact to the court which ordered the patient’s hospitalization or care and custody. Upon receiving the report, the court shall issue an order confirming the patient’s discharge from the hospital or from care and custody, as the case may be, and shall terminate the proceedings pursuant to which the order was issued. Copies of the order shall be sent by regular mail to the hospital, the patient, and the applicant if the applicant has filed a written waiver signed by the patient.
[C77, 79, 81, §229.16]
89 Acts, ch 275, §5; 99 Acts, ch 144, §2; 2001 Acts, ch 155, §36
Referred to in §225.15, 225.17, 225.27, 226.18, 226.19, 229.17, 229.21, 229.26
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.17 - Status of respondent during appeal.

229.17 Status of respondent during appeal.
If a respondent appeals to the supreme court from a finding that the contention the respondent is seriously mentally impaired has been sustained, and the respondent was previously ordered taken into immediate custody under section 229.11 or has been hospitalized for psychiatric evaluation and appropriate treatment under section 229.13 before the court is informed of intent to appeal its finding, the respondent shall remain in custody as previously ordered by the court, the time limit stated in section 229.11 notwithstanding, or shall remain in the hospital subject to compliance by the hospital with sections 229.13 through 229.16, as the case may be, unless the supreme court orders otherwise. If a respondent appeals to the supreme court regarding a placement order, the respondent shall remain in placement unless the supreme court orders otherwise.
[C77, 79, 81, §229.17]
2001 Acts, ch 155, §37; 2021 Acts, ch 80, §120
Referred to in §229.21, 229.26
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.18 - Status of respondent if hospitalization is delayed.

229.18 Status of respondent if hospitalization is delayed.
When the court directs that a respondent who was previously ordered taken into immediate custody under section 229.11 be placed in a hospital for psychiatric evaluation and appropriate treatment under section 229.13, and no suitable hospital can immediately admit the respondent, the respondent shall remain in custody as previously ordered by the court, the time limit stated in section 229.11 notwithstanding, until a suitable hospital can admit the respondent. The court shall take appropriate steps to expedite the admission of the respondent to a suitable hospital at the earliest feasible time.
[R60, §1436; C73, §1403; C97, §2271; S13, §2271; C24, 27, 31, 35, 39, §3564; C46, 50, 54, 58, 62, 66, 71, 73, 75, §229.24; C77, 79, 81, §229.18]
Referred to in §229.21, 229.26
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.24 - Records of involuntary hospitalization proceeding to be confidential.

229.24 Records of involuntary hospitalization proceeding to be confidential.
1. All papers and records pertaining to any involuntary hospitalization or application pursuant to section 229.6 of any person under this chapter, whether part of the permanent record of the court or of a file in the department of human services, are subject to inspection only upon an order of the court for good cause shown.
2. If authorized in writing by a person who has been the subject of any proceeding or report under sections 229.6 through 229.13 or section 229.22, or by the parent or guardian of that person, information regarding that person which is confidential under subsection 1 may be released to any designated person.
3. If all or part of the costs associated with hospitalization of an individual under this chapter are chargeable to a county of residence, the clerk of the district court shall provide to the regional administrator for the county of residence and to the regional administrator for the county in which the hospitalization order is entered the following information pertaining to the individual which would be confidential under subsection 1:
a. Administrative information, as defined in section 228.1.
b. An evaluation order under this chapter and the location of the individual’s placement under the order.
c. A hospitalization or placement order under this chapter and the location of the individual’s placement under the order.
d. The date, location, and disposition of any hearing concerning the individual held under this chapter.
e. Any payment source available for the costs of the individual’s care.
4. This section shall not prohibit any of the following:
a. A hospital from complying with the requirements of this chapter and of chapter 230 relative to financial responsibility for the cost of care and treatment provided a patient in that hospital or from properly billing any responsible relative or third-party payer for such care or treatment.
b. A court or the department of public safety from forwarding to the federal bureau of investigation information that a person has been disqualified from possessing, shipping, transporting, or receiving a firearm pursuant to section 724.31.
[C77, 79, 81, §229.24]
83 Acts, ch 96, §157, 159; 95 Acts, ch 120, §3; 96 Acts, ch 1183, §22; 2002 Acts, ch 1146, §4; 2004 Acts, ch 1090, §8; 2010 Acts, ch 1031, §362; 2010 Acts, ch 1178, §1, 2, 19; 2012 Acts, ch 1120, §102, 130; 2013 Acts, ch 130, §52; 2015 Acts, ch 69, §67; 2021 Acts, ch 80, §124
Referred to in §228.6, 230.20
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.25 - Medical records to be confidential — exceptions.

229.25 Medical records to be confidential — exceptions.
1. a. The records maintained by a hospital or other facility relating to the examination, custody, care and treatment of any person in that hospital or facility pursuant to this chapter shall be confidential, except that the chief medical officer shall release appropriate information under any of the following circumstances:
(1) The information is requested by a licensed physician or mental health professional, attorney, or advocate who provides the chief medical officer with a written waiver signed by the person about whom the information is sought.
(2) The information is sought by a court order.
(3) The person who is hospitalized or that person’s guardian, if the person is a minor or is not legally competent to do so, signs an informed consent to release information. Each signed consent shall designate specifically the person or agency to whom the information is to be sent, and the information may be sent only to that person or agency.
b. Such records may be released by the chief medical officer when requested for the purpose of research into the causes, incidence, nature and treatment of mental illness, however information shall not be provided in a way that discloses patients’ names or which otherwise discloses any patient’s identity.
2. When the chief medical officer deems it to be in the best interest of the patient and the patient’s next of kin to do so, the chief medical officer may release appropriate information during a consultation which the hospital or facility shall arrange with the next of kin of a voluntary or involuntary patient, if requested by the patient’s next of kin.
[C77, 79, 81, §229.25; 82 Acts, ch 1135, §1]
89 Acts, ch 275, §7; 2009 Acts, ch 41, §263; 2017 Acts, ch 34, §18
Referred to in §228.6, 229.19
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.26 - Exclusive procedure for involuntary hospitalization.

229.26 Exclusive procedure for involuntary hospitalization.
Sections 229.6 through 229.19 constitute the exclusive procedure for involuntary hospitalization of persons by reason of serious mental impairment in this state, except that this chapter does not negate the provisions of section 904.503 relating to transfer of prisoners with mental illness to state hospitals for persons with mental illness and does not apply to commitments of persons under chapter 812 or the rules of criminal procedure, Iowa court rules, or negate the provisions of section 232.51 relating to disposition of children with mental illness.
[C77, 79, 81, §229.26]
84 Acts, ch 1323, §3; 85 Acts, ch 21, §36; 87 Acts, ch 90, §4; 88 Acts, ch 1134, §45; 96 Acts, ch 1129, §58; 2002 Acts, ch 1119, §108; 2003 Acts, ch 108, §125, 132; 2012 Acts, ch 1019, §81; 2015 Acts, ch 30, §72
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.28 - Hospitalization in certain federal facilities.

229.28 Hospitalization in certain federal facilities.
1. When a court finds that the contention that a respondent is seriously mentally impaired has been sustained or proposes to order continued hospitalization of any person, or an alternative placement, as described under section 229.14, subsection 1, paragraph “b” or “d”, and the court is furnished evidence that the respondent or patient is eligible for care and treatment in a facility operated by the United States department of veterans affairs or another agency of the United States government and that the facility is willing to receive the respondent or patient, the court may so order.
a. The respondent or patient, when so hospitalized or placed in a facility operated by the United States department of veterans affairs or another agency of the United States government within or outside of this state, shall be subject to the rules of the United States department of veterans affairs or other agency, but shall not thereby lose any procedural rights afforded the respondent or patient by this chapter.
b. The chief officer of the facility shall have, with respect to the person so hospitalized or placed, the same powers and duties as the chief medical officer of a hospital in this state would have in regard to submission of reports to the court, retention of custody, transfer, convalescent leave or discharge.
2. Jurisdiction is retained in the court to maintain surveillance of the person’s treatment and care, and at any time to inquire into that person’s mental condition and the need for continued hospitalization or care and custody.
[C27, 31, 35, §3562-b1; C39, §3562.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, §229.20; C77, 79, 81, §229.28]
2001 Acts, ch 155, §39; 2009 Acts, ch 26, §10
Referred to in §229.30
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.29 - Transfer to certain federal facilities.

229.29 Transfer to certain federal facilities.
1. Upon receipt of a certificate stating that any person involuntarily hospitalized under this chapter is eligible for care and treatment in a facility operated by the United States department of veterans affairs or another agency of the United States government which is willing to receive the person without charge to the state of Iowa or any county in the state, the chief medical officer may transfer the person to that facility. Upon so doing, the chief medical officer shall notify the court which ordered the person’s hospitalization in the same manner as would be required in the case of a transfer under section 229.15, subsection 5, and the person transferred shall be entitled to the same rights as the person would have under that subsection.
2. No person shall be transferred under this section who is confined pursuant to conviction of a public offense or whose hospitalization was ordered upon contention of incompetence to stand trial by reason of mental illness, without prior approval of the court which ordered that person’s hospitalization.
[C27, 31, 35, §3562-b1; C39, §3562.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, §229.20; C77, 79, 81, §229.29]
2009 Acts, ch 26, §11
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.30 - Orders of courts in other states.

229.30 Orders of courts in other states.
A judgment or order of hospitalization or commitment by a court of competent jurisdiction of another state or the District of Columbia, under which any person is hospitalized or placed in a facility operated by the United States department of veterans affairs or another agency of the United States government, shall have the same force and effect with respect to that person while the person is in this state as the judgment or order would have if the person were in the jurisdiction of the court which issued it. That court shall be deemed to have retained jurisdiction of the person so hospitalized or placed for the purpose of inquiring into that person’s mental condition and the need for continued hospitalization or care and custody, as do courts in this state under section 229.28. Consent is hereby given to the application of the law of the state or district in which is situated the court which issued the judgment or order as regards authority of the chief officer of any facility, operated in this state by the United States department of veterans affairs or another agency of the United States government, to retain custody, transfer, place on convalescent leave or discharge the person so hospitalized or committed.
[C27, 31, 35, §3562-b1; C39, §3562.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, §229.20; C77, 79, 81, §229.30]
2009 Acts, ch 26, §12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.31 - Commission of inquiry.

229.31 Commission of inquiry.
A sworn complaint, alleging that a named person is not seriously mentally impaired and is unjustly deprived of liberty in any hospital in the state, may be filed by any person with the clerk of the district court of the county in which such named person is so confined, or of the county in which such named person is a resident. Upon receiving the complaint, a judge of that court shall appoint a commission of not more than three persons to inquire into the truth of the allegations. One of the commissioners shall be a physician and if additional commissioners are appointed, one of the additional commissioners shall be a lawyer.
[C73, §1442; C97, §2304; C24, 27, 31, 35, 39, §3571; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.31]
2012 Acts, ch 1120, §103, 130
Referred to in §229.36
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.32 - Duty of commission.

229.32 Duty of commission.
Said commission shall at once proceed to the place where said person is confined and make a thorough and discreet examination for the purpose of determining the truth of said allegations and shall promptly report its findings to said judge in writing. Said report shall be accompanied by a written statement of the case signed by the chief medical officer of the hospital in which the person is confined.
[C73, §1442; C97, §2304; C24, 27, 31, 35, 39, §3572; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.32]
Referred to in §229.36
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.33 - Hearing.

229.33 Hearing.
If, on such report and statement, and the hearing of testimony if any is offered, the judge shall find that such person is not seriously mentally impaired, the judge shall order the person’s discharge; if the contrary, the judge shall so state, and authorize the continued detention of the person, subject to all applicable requirements of this chapter.
[C73, §1442; C97, §2304; C24, 27, 31, 35, 39, §3573; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.33]
97 Acts, ch 23, §17
Referred to in §229.36
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.34 - Finding and order filed.

229.34 Finding and order filed.
The finding and order of the judge, with the report and other papers, shall be filed in the office of the clerk of the court where the complaint was filed. Said clerk shall enter a memorandum thereof on the appropriate record, and forthwith notify the chief medical officer of the hospital of the finding and order of the judge, and the chief medical officer shall carry out the order.
[C73, §1442; C97, §2304; C24, 27, 31, 35, 39, §3574; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.34]
Referred to in §229.36
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.35 - Compensation — payment.

229.35 Compensation — payment.
Said commissioners shall be entitled to their necessary expenses and a reasonable compensation, to be allowed by the judge, who shall certify the same to the director of the department of administrative services who shall thereupon draw the proper warrants on any funds in the state treasury not otherwise appropriated. The applicant shall pay said costs and expenses if the judge shall so order on a finding that the complaint was filed without probable cause.
[C73, §1442; C97, §2304; C24, 27, 31, 35, 39, §3575; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.35]
2003 Acts, ch 145, §286
Referred to in §8.59, 229.36
Appropriation limited for fiscal years beginning on or after July 1, 1993; see §8.59
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.36 - Limitation on proceedings.

229.36 Limitation on proceedings.
The proceeding authorized in sections 229.31 through 229.35 shall not be had more often than once in six months regarding the same person; nor regarding any patient within six months after the patient’s admission to the hospital.
[C73, §1443; C97, §2305; C24, 27, 31, 35, 39, §3576; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.36]
2005 Acts, ch 3, §52; 2020 Acts, ch 1063, §87
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.37 - Habeas corpus.

229.37 Habeas corpus.
All persons confined as seriously mentally impaired shall be entitled to the benefit of the writ of habeas corpus, and the question of serious mental impairment shall be decided at the hearing. If the judge shall decide that the person is seriously mentally impaired, such decision shall be no bar to the issuing of the writ a second time, whenever it shall be alleged that such person is no longer seriously mentally impaired.
[R60, §1441; C73, §1444; C97, §2306; C24, 27, 31, 35, 39, §3577; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.37]
Constitutional provision, Iowa Constitution, Art. I, §13
Habeas corpus, chapter 663
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.38 - Cruelty or official misconduct.

229.38 Cruelty or official misconduct.
If any person having the care of a person with mental illness who has voluntarily entered a hospital or other facility for treatment or care, or who is responsible for psychiatric examination care, treatment, and maintenance of any person involuntarily hospitalized under sections 229.6 through 229.15, whether in a hospital or elsewhere, with or without proper authority, shall treat such patient with unnecessary severity, harshness, or cruelty, or in any way abuse the patient or if any person unlawfully detains or deprives of liberty any person with mental illness or any person who is alleged to have mental illness, or if any officer required by the provisions of this chapter and chapters 226 and 227, to perform any act shall willfully refuse or neglect to perform the same, the offending person shall, unless otherwise provided, be guilty of a serious misdemeanor.
[C73, §1415, 1416, 1440, 1445; C97, §2307; C24, 27, 31, 35, 39, §3578; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.38]
96 Acts, ch 1129, §59; 2020 Acts, ch 1063, §88
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.39 - Status of persons hospitalized under former law.

229.39 Status of persons hospitalized under former law.
1. Each person admitted or committed to a hospital for treatment of mental illness on or before December 31, 1975 who remained so hospitalized, or was on convalescent leave or was receiving care in another facility on transfer from such hospitalization, on or after January 1, 1976 shall be considered to have been hospitalized under this chapter, and its provisions shall apply to each such person on and after the effective date of this section, except as otherwise provided by subsection 3.
2. Hospitalization of a person for treatment of mental illness, either voluntary or involuntary, on or before December 31, 1975 does not constitute a finding nor equate with nor raise a presumption of incompetency, nor cause the person hospitalized to be deemed a person of unsound mind nor a person under legal disability for any purpose, including but not limited to the circumstances enumerated in section 229.27, subsection 1. This subsection does not invalidate any specific declaration of incompetence of a person hospitalized if the declaration was made pursuant to a separate procedure authorized by law for that purpose, and did not result automatically from the person’s hospitalization.
3. Where a person was hospitalized involuntarily for treatment of mental illness on or before December 31, 1975 and remained so hospitalized, or was on convalescent leave or was receiving care in another facility on transfer from such hospitalization, on or after January 1, 1976, but was subsequently discharged prior to July 1, 1978, this section shall not be construed to require:
a. The filing after July 1, 1978, of any report relative to that person’s status which would have been required to be filed prior to said date if that person had initially been hospitalized under this chapter as amended by
1975 Iowa Acts, ch. 139, §1 to 30
.
b. That legal proceedings be taken under this chapter, as so amended, to clarify the status of the person so hospitalized, unless that person or the district court considers such proceedings necessary in a particular case to appropriately conclude the matter.
[C79, 81, §229.39]
2011 Acts, ch 34, §56; 2014 Acts, ch 1026, §143
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.40 - Rules for proceedings.

229.40 Rules for proceedings.
Proceedings under this chapter are subject to rules prescribed by the supreme court under section 602.4201.
[C79, 81, §229.40]
83 Acts, ch 186, §10053, 10201
Rules adopted by the supreme court are published in the compilation “Iowa Court Rules”
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.41 - Voluntary admission.

229.41 Voluntary admission.
Persons making application pursuant to section 229.2 on their own behalf or on behalf of another person who is under eighteen years of age, if the person whose admission is sought is received for observation and treatment on the application, shall be required to pay the costs of hospitalization at rates established by the administrator. The costs may be collected weekly in advance and shall be payable at the business office of the hospital. The collections shall be remitted to the department of human services monthly to be credited to the general fund of the state.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.41]
2000 Acts, ch 1112, §39; 2001 Acts, ch 155, §21
Referred to in §225C.16, 229.2, 229.42
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.42 - Costs paid by county.

229.42 Costs paid by county.
1. If a person wishing to make application for voluntary admission to a mental hospital established by chapter 226 is unable to pay the costs of hospitalization or those responsible for the person are unable to pay the costs, application for authorization of voluntary admission must be made through a regional administrator before application for admission is made to the hospital. The person’s county of residence shall be determined through the regional administrator and if the admission is approved through the regional administrator, the person’s admission to a mental health hospital shall be authorized as a voluntary case. The authorization shall be issued on forms provided by the department of human services’ administrator. The costs of the hospitalization shall be paid by the county of residence through the regional administrator to the department of human services and credited to the general fund of the state, provided that the mental health hospital rendering the services has certified to the county auditor of the county of residence and the regional administrator the amount chargeable to the mental health and disability services region and has sent a duplicate statement of the charges to the department of human services. A mental health and disability services region shall not be billed for the cost of a patient unless the patient’s admission is authorized through the regional administrator. The mental health institute and the regional administrator shall work together to locate appropriate alternative placements and services, and to educate patients and family members of patients regarding such alternatives.
2. All the provisions of chapter 230 shall apply to such voluntary patients so far as is applicable.
3. The provisions of this section and of section 229.41 shall apply to all voluntary inpatients or outpatients receiving mental health services either away from or at the institution.
4. If a county fails to pay the billed charges within forty-five days from the date the county auditor received the certification statement from the superintendent, the department of human services shall charge the delinquent county the penalty of one percent per month on and after forty-five days from the date the county received the certification statement until paid. The penalties received shall be credited to the general fund of the state.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.42]
96 Acts, ch 1183, §23; 97 Acts, ch 169, §6; 98 Acts, ch 1218, §73; 2001 Acts, ch 155, §22; 2002 Acts, ch 1050, §21; 2004 Acts, ch 1090, §33; 2012 Acts, ch 1120, §104, 130; 2015 Acts, ch 69, §68; 2015 Acts, ch 138, §37, 161, 162
Referred to in §225C.16, 229.2, 331.381, 331.502
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.43 - Nonresident patients.

229.43 Nonresident patients.
The administrator may place patients of mental health institutes who are nonresidents on convalescent leave to a private sponsor or in a health care facility licensed under chapter 135C, when in the opinion of the administrator the placement is in the best interests of the patient and the state of Iowa. If the patient was involuntarily hospitalized, the district court which ordered hospitalization of the patient must be informed when the patient is placed on convalescent leave, as required by section 229.15, subsection 5.
[C24, 27, 31, 35, 39, §3446; C46, 50, 54, 58, 62, §222.36; C66, 71, 73, 75, 77, 79, 81, §229.43]
2000 Acts, ch 1112, §40; 2012 Acts, ch 1120, §105, 130
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.44 - Venue.

229.44 Venue.
1. Venue for hospitalization proceedings shall be in the county where the respondent is found, unless the matter is transferred pursuant to
Iowa court rule 12.15
for the involuntary hospitalization of persons with mental illness, in which case venue shall be in the county where the matter is transferred for hearing.
2. After an order is entered pursuant to section 229.13 or 229.14, the court may transfer proceedings to the court of any county having venue at any further stage in the proceeding as follows:
a. When it appears that the best interests of the respondent or the convenience of the parties will be served by a transfer, the court may transfer the case to the court of the county of the respondent’s residence.
b. When it appears that the best interests of the respondent or the convenience of the parties will be served by a transfer, the court may transfer the case to the court of the county where the respondent is found.
3. If a proceeding is transferred, the court shall contact the court in the county which is to be the recipient of the transfer before entering the order to transfer the case. The court shall then transfer the case by ordering a transfer of the matter to the recipient county, by ordering a continuance of the matter in the transferring county, and by forwarding to the clerk of the receiving court a certified copy of all papers filed, together with the order of transfer. The referee of the receiving court may accept the filings of the transferring court or may direct the filing of a new application and may hear the case anew.
92 Acts, ch 1165, §7; 96 Acts, ch 1079, §9; 96 Acts, ch 1129, §113
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS › Section 229.45 - Provision of summary of procedures to applicant in involuntary commitment.

229.45 Provision of summary of procedures to applicant in involuntary commitment.
The department of human services, in consultation with the office of attorney general, shall develop a summary of the procedures involved in an involuntary commitment and information concerning the participation of an applicant in the proceedings. The summary shall be provided by the department, at the department’s expense, to the clerks of the district court who shall make the summary available to all applicants prior to the filing of a verified application, or to any other person upon request, and who shall attach a copy of the summary to the notice of hearing which is served upon the respondent under section 125.77 or 229.7. The summary may include, but is not limited to, the following:
1. The statutory criteria for ordering that a person be involuntarily committed under chapter 125 or sections 229.11 and 229.13.
2. A description of the hearing process.
3. An explanation of the applicant’s right to testify and examples of the kinds of relevant information which may be introduced at the hearing.
4. An explanation of the duties of the county attorney in civil commitment proceedings.
94 Acts, ch 1024, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.1 - Legislative findings.

229A.1 Legislative findings.
1. The general assembly finds that a small but extremely dangerous group of sexually violent predators exists which is made up of persons who do not have a mental disease or defect that renders them appropriate for involuntary treatment pursuant to the treatment provisions for mentally ill persons under chapter 229, since that chapter is intended to provide short-term treatment to persons with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment under chapter 229, sexually violent predators generally have antisocial personality features that are unamenable to existing mental illness treatment modalities and that render them likely to engage in sexually violent behavior.
2. The general assembly finds that sexually violent predators’ likelihood of engaging in repeat acts of predatory sexual violence is high and that the existing involuntary commitment procedure under chapter 229 is inadequate to address the risk these sexually violent predators pose to society.
3. The general assembly further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, because the treatment needs of this population are very long-term, and the treatment modalities for this population are very different from the traditional treatment modalities available in a prison setting or for persons appropriate for commitment under chapter 229.
4. Therefore, the general assembly finds that a civil commitment procedure for the long-term care and treatment of the sexually violent predator is necessary. The procedures regarding sexually violent predators should reflect legitimate public safety concerns, while providing treatment services designed to benefit sexually violent predators who are civilly committed. The procedures should also reflect the need to protect the public, to respect the needs of the victims of sexually violent offenses, and to encourage full, meaningful participation of sexually violent predators in treatment programs.
98 Acts, ch 1171, §1; 2002 Acts, ch 1139, §1, 27; 2019 Acts, ch 24, §19
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.4 - Petition — time — contents.

229A.4 Petition — time — contents.
1. If it appears that a person presently confined may be a sexually violent predator and the prosecutor’s review committee has determined that the person meets the definition of a sexually violent predator, the attorney general may file a petition alleging that the person is a sexually violent predator and stating sufficient facts to support such an allegation.
2. A prosecuting attorney of the county in which the person was convicted or charged, or the attorney general if requested by the prosecuting attorney, may file a petition alleging that a person is a sexually violent predator and stating sufficient facts to support such an allegation, if it appears that a person who has committed a recent overt act meets any of the following criteria:
a. The person was convicted of a sexually violent offense and is no longer presently confined for that offense.
b. The person was charged with, but was acquitted of, a sexually violent offense by reason of insanity and has been released from confinement or any supervision.
c. The person was charged with, but was found to be incompetent to stand trial for, a sexually violent offense and has been released from confinement or any supervision.
98 Acts, ch 1171, §4; 99 Acts, ch 61, §2, 14; 2019 Acts, ch 17, §4
Referred to in §229A.5, 229A.6
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.5 - Person taken into custody — determination of probable cause — hearing — evaluation.

229A.5 Person taken into custody — determination of probable cause — hearing — evaluation.
1. Upon filing of a petition under section 229A.4, the court shall make a preliminary determination as to whether probable cause exists to believe that the person named in the petition is a sexually violent predator. Upon a preliminary finding of probable cause, the court shall direct that the person named in the petition be taken into custody and that the person be served with a copy of the petition and any supporting documentation and notice of the procedures required by this chapter. If the person is in custody at the time of the filing of the petition, the court shall determine whether a transfer of the person to an appropriate secure facility is appropriate pending the outcome of the proceedings or whether the custody order should be delayed until the date of release of the person.
2. Within seventy-two hours after being taken into custody or being transferred to an appropriate secure facility, a hearing shall be held to determine whether probable cause exists to believe the detained person is a sexually violent predator. The hearing may be waived by the respondent. The hearing may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and if the respondent is not substantially prejudiced. At the probable cause hearing, the detained person shall have the following rights:
a. To be provided with prior notice of date, time, and location of the probable cause hearing.
b. To respond to the preliminary finding of probable cause.
c. To appear in person at the hearing.
d. To be represented by counsel.
e. To present evidence on the respondent’s own behalf.
f. To cross-examine witnesses who testify against the respondent.
g. To view and copy all petitions and reports in the possession of the court.
3. At the hearing, the rules of evidence do not apply, and the state may rely solely upon the petition filed under subsection 1, but the state may also supplement the petition with additional documentary evidence or live testimony.
4. At the conclusion of the hearing, the court shall enter an order which does both of the following:
a. Verifies the respondent’s identity.
b. Determines whether probable cause exists to believe that the respondent is a sexually violent predator.
5. If the court determines that probable cause does exist, the court shall direct that the respondent be transferred to an appropriate secure facility for an evaluation as to whether the respondent is a sexually violent predator. The evaluation shall be conducted by a person deemed to be professionally qualified to conduct such an examination.
98 Acts, ch 1171, §5; 99 Acts, ch 61, §3, 4, 14; 2002 Acts, ch 1139, §3, 27
Referred to in §229A.5B, 229A.5C, 229A.6A, 229A.7, 229A.12A, 811.1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.5A - Powers of investigative personnel before a petition is filed.

229A.5A Powers of investigative personnel before a petition is filed.
1. The prosecuting attorney or attorney general is authorized upon the occurrence of a recent overt act, or upon receiving written notice pursuant to section 229A.3, or before the filing of a petition under this chapter, to subpoena and compel the attendance of witnesses, examine the witnesses under oath, and require the production of documentary evidence for inspection, reproduction, or copying. Except as otherwise provided by this section, the prosecuting attorney or attorney general shall have the same powers and limitations, subject to judicial oversight and enforcement, as provided by this chapter and by the Iowa rules of civil procedure. Any person compelled to appear under a demand for oral testimony under this section may be accompanied, represented, and advised by counsel at the person’s own expense.
2. The examination of all witnesses under this section shall be conducted by the prosecuting attorney or attorney general before an officer authorized to administer oaths under section 63A.1. The testimony shall be taken by a certified shorthand reporter or by a sound recording device and shall be transcribed or otherwise preserved in the same manner as provided for the preservation of depositions under the Iowa rules of civil procedure. The prosecuting attorney or attorney general may exclude from the examination all persons except the witness, witness’s counsel, the officer before whom the testimony is to be taken, law enforcement officials, and a certified shorthand reporter. Prior to oral examination, the person shall be advised by the prosecuting attorney or attorney general of the person’s right to refuse to answer any questions on the basis of the privilege against self-incrimination. The examination shall be conducted in a manner consistent with the rules dealing with the taking of depositions.
99 Acts, ch 61, §5, 14; 2000 Acts, ch 1058, §23
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.5B - Escape from custody — penalty.

229A.5B Escape from custody — penalty.
1. A person who is detained pursuant to section 229A.5 or is subject to an order of civil commitment under this chapter shall remain in custody unless released by court order or discharged under section 229A.8 or 229A.10. A person who has been placed in a transitional release program or who is under release with supervision is considered to be in custody. A person in custody under this chapter shall not do any of the following:
a. Leave or attempt to leave a facility without the accompaniment of authorized personnel or leave or attempt to leave a facility without authorization.
b. Knowingly and voluntarily be absent from a place where the person is required to be present.
c. Leave or attempt to leave the custody of personnel transporting or guarding the person while the person is away from a facility.
2. A person who violates subsection 1 commits a serious misdemeanor or may be subject to punishment for contempt.
3. If a person commits a violation of subsection 1 and remains unconfined, the attorney general or the chief law enforcement officer of the political subdivision where the violation occurs may make a public announcement that the person is unconfined and may provide relevant information about the person to the community. The attorney general may also notify a victim or the family of a victim of the person that the person is unconfined.
4. This section shall not be construed to prohibit the use of other lawful means for the return of the person.
2001 Acts, ch 27, §1; 2002 Acts, ch 1139, §4, 27; 2015 Acts, ch 12, §1; 2018 Acts, ch 1165, §97
Referred to in §229A.8A
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.5C - Criminal offenses committed while detained or subject to an order of commitment.

229A.5C Criminal offenses committed while detained or subject to an order of commitment.
1. If a person who is detained pursuant to section 229A.5 or who is subject to an order of civil commitment under this chapter commits a public offense, the civil commitment proceedings or treatment process shall be suspended until the criminal proceedings, including any term of confinement, are completed. The person shall also not be eligible for bail pursuant to section 811.1.
2. Upon the filing of a complaint, indictment, or information, the person shall be transferred to the county jail in the county where the public offense occurred until the criminal proceedings have been completed. If the person is sentenced to a term of confinement in a county jail, the person shall serve the sentence at the county jail. If the person is sentenced to the custody of the director of the department of corrections, the person shall serve the sentence at a correctional institution.
3. A person who is subject to an order of civil commitment under this chapter shall not be released from jail or paroled or released to a facility or program located outside the county jail or correctional institution other than to a secure facility operated by the department of human services.
4. A person who committed a public offense while in a transitional release program or on release with supervision may be returned to a secure facility operated by the department of human services upon completion of any term of confinement that resulted from the commission of the public offense.
5. If the civil commitment proceedings for a person are suspended due to the commission of a public offense by the person, the ninety-day trial demand lapses. Upon completion of any term of confinement that resulted from the commission of the public offense, a new ninety-day trial demand automatically begins.
2002 Acts, ch 1139, §5, 27; 2018 Acts, ch 1165, §98
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 229A - COMMITMENT OF SEXUALLY VIOLENT PREDATORS › Section 229A.6 - Counsel and experts — indigent persons.

229A.6 Counsel and experts — indigent persons.
1. A respondent to a petition alleging the person to be a sexually violent predator shall be entitled to the assistance of counsel upon the filing of the petition under section 229A.4 and, if the respondent is indigent, the court shall appoint counsel to assist the respondent at state expense.
2. If a respondent is subjected to an examination under this chapter, the respondent may retain experts or professional persons to perform an independent examination on the respondent’s behalf. If the respondent wishes to be examined by a qualified expert or professional person of the respondent’s own choice, the examiner of the respondent’s choice shall be given reasonable access to the respondent for the purpose of the examination, as well as access to all relevant medical and psychological records and reports. If the respondent is indigent, the court, upon the respondent’s request, shall determine whether the services are necessary and the reasonable compensation for the services. If the court determines that the services are necessary and the requested compensation for the services is reasonable, the court shall assist the respondent in obtaining an expert or professional person to perform an examination or participate in the trial on the respondent’s behalf. The court shall approve payment for such services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the respondent, and compensation received in the same case or for the same services from any other source.
98 Acts, ch 1171, §6