125.81 - IMMEDIATE CUSTODY.
125.81 IMMEDIATE CUSTODY.
1. If a person filing an application requests that a respondent
be taken into immediate custody, and the court upon reviewing the
application and accompanying documentation, finds probable cause to
believe that the respondent is a chronic substance abuser who is
likely to injure the person or other persons if allowed to remain at
liberty, the court may enter a written order directing that the
respondent be taken into immediate custody by the sheriff, and be
detained until the commitment hearing, which shall be held no more
than five days after the date of the order, except that if the fifth
day after the date of the order is a Saturday, Sunday, or a holiday,
the hearing may be held on the next business day. The court may
order the respondent detained for the period of time until the
hearing is held, and no longer except as provided in section 125.88,
in accordance with subsection 2, paragraph "a", if possible, and
if not, then in accordance with subsection 2, paragraph "b", or,
only if neither of these alternatives is available in accordance with
subsection 2, paragraph "c".
2. Detention may be:
a. In the custody of a relative, friend, or other suitable
person who is willing and able to accept responsibility for
supervision of the respondent, with reasonable restrictions as the
court may order including but not limited to restrictions on or a
prohibition of any expenditure, encumbrance, or disposition of the
respondent's funds or property.
b. In a suitable hospital, the chief medical officer of which
shall be informed of the reasons why immediate custody has been
ordered. The hospital may provide treatment which is necessary to
preserve the respondent's life, or to appropriately control the
respondent's behavior which is likely to result in physical injury to
the person or to others if allowed to continue, and other treatment
as deemed appropriate by the chief medical officer.
c. In the nearest facility which is licensed to care for
persons with mental illness or substance abuse, provided that
detention in a jail or other facility intended for confinement of
those accused or convicted of a crime shall not be ordered.
3. The respondent's attorney may be allowed by the court to
present evidence and arguments before the court's determination under
this section. If such an opportunity is not provided at that time,
respondent's attorney shall be allowed to present evidence and
arguments after the issuance of the court's order of confinement and
while the respondent is confined. Section History: Early Form
[82 Acts, ch 1212, § 9] Section History: Recent Form
90 Acts, ch 1085, § 15; 91 Acts, ch 108, § 2; 92 Acts, ch 1072, §
1; 92 Acts, ch 1165, § 1; 2009 Acts, ch 41, §187
Referred to in § 125.12, 125.44, 125.77, 125.79, 125.80, 125.82,
125.84, 125.87, 125.88, 125.91, 125.92, 229.21