125.83A - PLACEMENT IN CERTAIN FEDERAL FACILITIES.
125.83A PLACEMENT IN CERTAIN FEDERAL FACILITIES.
1. If upon completion of the commitment hearing, the court finds
that the contention that the respondent is a chronic substance abuser
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. Section History: Recent Form
97 Acts, ch 159, §2; 2009 Acts, ch 26, §8
Referred to in § 229.21