§ 22-52-7 — Restrictions on Imposition of Limitations Upon Liberty of Individual Sought to Be Committed; Hearings, Examinations, Etc.; Supervision of Temporary Treatment

(a)(1) When a petition has been filed seeking to have limitations placed upon the liberty of a respondent pending the outcome of a final hearing on the merits, the judge of probate shall order the sheriff of the county in which the respondent was located at the time of the filing to serve a copy of the petition upon the respondent and to either bring the respondent before the judge of probate or be evaluated as provided in subdivision (2).
(2) When any respondent against whom a petition has been filed seeking to have limitations placed upon the respondent’s liberty pending the outcome of a full and final hearing on the merits is initially brought before the judge of probate, the judge of probate shall determine from an interview with the respondent what limitations, if any, shall be imposed upon the respondent’s liberty and what temporary treatment, if any, shall be imposed upon the respondent pending further hearings. In making these determinations, the judge of probate may also interview any other available individuals or officers and may consult with or seek an evaluation by a licensed medical physician or qualified mental health professional. If limitations on the respondent’s liberty are ordered, the judge of probate may order the respondent detained under the provisions of this section at a designated mental health facility or a hospital.
(b) No limitations shall be placed upon the respondent’s liberty nor treatment imposed upon the respondent unless the limitations are determined necessary by the judge of probate to prevent the respondent from posing a real and present threat of substantial harm to self or others or to prevent the respondent from leaving the jurisdiction of the court. No respondent shall be placed in a jail or other facility for individuals accused of or convicted of committing crimes.
(c) The judge of probate shall order the respondent to appear at the times and places set for hearing the petition and may order the respondent to appear at designated times and places to be examined by licensed medical doctors or qualified mental health professionals. If the respondent does not appear as ordered by the judge of probate, or if the judge of probate determines it is likely the respondent will not appear, the judge of probate may order the sheriff of the county in which the respondent was located at the time of the filing to take the respondent into custody and compel the respondent’s attendance as ordered by the judge of probate. If temporary treatment or admittance to a hospital is ordered for the respondent, the treatment shall be supervised by a licensed medical physician or qualified mental health professional who has willingly consented to treat the respondent, and admission to a hospital shall be ordered by a licensed medical doctor who has willingly consented to admit and treat the respondent.

Legislative History

(Acts 1975, No. 1226, p. 2562, §5; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §8; Act 2024-193, §1.)