§ 125.83A — Placement in certain federal facilities

Iowa § 125.83A

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 125: SUBSTANCE USE DISORDERS

Text

1. If upon completion of the commitment hearing, the court finds that the contention
that the respondent is a person with a substance use disorder has been sustained by clear
and convincing evidence, and the court is furnished evidence that the respondent 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, the court may so order. The respondent, when so 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 lose any procedural rights

afforded the respondent by this chapter. The chief officer of the facility shall have, with
respect to the respondent so 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. Jurisdiction is retained in the court to
maintain surveillance of the respondent’s treatment and care, and at any time to inquire into
the respondent’s condition and the need for continued care and custody.
2. Upon receipt of a certificate stating that a respondent placed 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 respondent without charge to the state of Iowa or any county in the state, the
chief medical officer may transfer the respondent to that facility. Upon so doing, the chief
medical officer shall notify the court which ordered the respondent’s placement in the same
manner as would be required in the case of a transfer under section 125.86, subsection 2,
and the respondent transferred shall be entitled to the same rights as the respondent would
have under that subsection. No respondent shall be transferred under this section who is
confined pursuant to conviction of a public offense or whose placement was ordered upon
contention of incompetence to stand trial by reason of mental illness, without prior approval
of the court which ordered that respondent’s placement.
3. A judgment or order of 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 placed for the purpose of inquiring into that person’s condition
and the need for continued care and custody, as do courts in this state under this section.
Consent is given to the application of the law of the state or district in which the court is
situated 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 committed.