125.85 - CUSTODY, DISCHARGE, AND TERMINATION OF PROCEEDING.
125.85 CUSTODY, DISCHARGE, AND TERMINATION OF
PROCEEDING.
1. A respondent committed under section 125.84, subsection 2,
shall remain in the custody of a facility for treatment for a period
of thirty days, unless sooner discharged. The department is not
required to pay the cost of any medication or procedure provided to
the respondent during that period which is not necessary or
appropriate to the specific objectives of detoxification and
treatment of substance abuse. At the end of the thirty-day period,
the respondent shall be discharged automatically unless the
administrator of the facility, before expiration of the period,
obtains a court order for the respondent's recommitment pursuant to
an application under section 125.75, for a further period not to
exceed ninety days.
2. A respondent recommitted under subsection 1 who has not been
discharged by the facility before the end of the ninety-day period
shall be discharged at the expiration of that period unless the
administrator of the facility, before expiration of the period,
obtains a court order for the respondent's recommitment pursuant to
an application under section 125.75, for a further period not to
exceed ninety days.
3. Upon the filing of an application for recommitment under
subsection 1 or 2, the court shall schedule a recommitment hearing
for no later than ten days after the date the application is filed.
A copy of the application, the notice of hearing, and any reports
shall be served or provided in the manner and to the persons as
required by sections 125.77 to 125.80, 125.83 and 125.84.
4. Following a respondent's discharge from a facility or from
treatment, the administrator of the facility shall immediately report
that fact to the court which ordered the respondent's commitment or
treatment. The court shall issue an order confirming the
respondent's discharge from the facility or from treatment, 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 facility and the respondent.
5. A person who is placed for evaluation at a facility under
section 125.83 or who is committed to a facility under section
125.84, subsection 2, shall remain at that facility unless discharged
or otherwise permitted to leave by the court or administrator of the
facility. If a person placed at a facility or committed to a
facility leaves the facility without permission or without having
been discharged, the administrator 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 facility. Section History: Early Form
[C75, 77, § 125.19; C79, 81, § 229.52(3--5), 229.53; 82 Acts, ch
1212, § 13] Section History: Recent Form
92 Acts, ch 1072, § 2; 99 Acts, ch 144, §1
Referred to in § 229.21