§ 20-47-209 — Initial hearing - Failure to appear - Exceptions from appearance requirement

(a) If the person named in the original petition is not confined at the time that the petition is filed, the court may: (1) Enter an ex parte order directing a law enforcement officer to serve the person with a copy of the petition together with a notice to appear for an initial hearing. The hearing shall be set by the court within three (3) days, excluding weekends and holidays, of the filing of the original petition. If the person is duly served and fails to appear, the court shall issue an order of detention; or (2) Dismiss the petition. (b) The person named in the original petition is not required to appear and may be removed from the presence of the court upon a finding by the court that the person is: (1) By reason of physical infirmity unable to appear; (2) That the person's appearance would be detrimental to his or her mental health, well-being, or treatment; or (3) That his or her conduct before the court is so disruptive that the proceedings cannot reasonably continue with him or her present. (c) (1) The petitioner shall appear before the circuit judge hearing the petition to substantiate the petition. (2) The court shall make a determination based on clear and convincing evidence that there is probable cause to believe that the person has a mental illness, disease, or disorder and that one (1) of the criteria for involuntary admission applies to the person. (3) If such a determination is made, the person shall be admitted for evaluation, and a hearing pursuant to § 20-47-214 shall be held within the period specified in § 20-47-205 .

Legislative History

Acts 1989, No. 861, § 5; 1989 (3rd Ex. Sess.), No. 72, § 1; 1997, No. 1224, § 3.