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How Does An IRE Order Work?

When an intellectually disabled individual is committed, the mentally incompetent individual must be provided with a personal protective device, also known as an IQ brace. These bracelets are custom-made, sewn-on devices around the wrist, ankle or neck of the “mentally impaired” individual. Once the individual’s IQ is measured at seventy-five to one hundred percent, the IQ bracelets can no longer be worn by the individual. When the individual again satisfies the commitment requirement at the criminal trial level, the IQ bracelets are no longer required by law.

If an individual who has been ordered to a mental health unit or a custodial facility on suspicion of intellectual disability fails to comply with the order, then the individual may be subjected to wearing an IQ bracelet. A mental health agency or the state welfare agency, once the need for a protection order has been established, may issue an order requiring that an individual suffering from intellectual disability is placed in an IQ bracelet. When the individual’s IQ is calculated at less than seventy-five percent, the IQ bracelet may be removed. However, when the order is later determined to be false and the defendant still fails to comply with the order, then the individual may be held in a custodial facility or be committed to a mental health unit for purposes of IQ testing.

The IQ bracelets are made to provide protection and are custom-fitted to an individual. When the order requiring compliance with the commitment criteria is later determined to be false, then the individual is not required to wear the IQ bracelets. If the ordered individual’s IQ is found to be less than seventy-one percent, then the individual who refuses to comply with the criteria shall be subjected to wear the IQ bracelet. The IQ bracelet may be removed by the individual if the requirement for compliance is re-stated by the state welfare agency or the court. The Department of Social Services or the Department of Public Safety shall notify the individual who wears the IQ Bracelet of their rights to the removal.

The person who receives services from an intellectual disability facility is not required to wear an IRE. When the individual who needs protection orders is wearing an IRE, they are not being forced to wear a mental health protection bracelet. They are being protected by a piece of jewelry, they may choose to wear and not be required to change it while receiving services at the facility. If the client does not want to wear the IQ Bracelet while receiving services, then they should let the Department of Social Services know.

In order to receive an order of protection, an applicant must be found to be the victim of abuse. An applicant will need to provide documentation of abuse either through medical records, police reports, or letters from doctors and psychologists. Once the individual is found to be suffering from mental illness or a related disability, they will need to receive a court order to show that their rights have been legally abused.

After a person has been found to be the victim of abuse, they may be required to wear an IRE. It is important to remember that they are not required to remove it during any time that they may be receiving social services. However, they are still required to remove it during the periods of time in which they are receiving inpatient care. This may be required due to security concerns, but is not always the case.

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