§ 20-47-215 — Additional periods of involuntary admission - Petitions - Hearing

(a) Generally. (1) Additional one-hundred-eighty-day involuntary admission orders may be requested if, in the opinion of the treatment staff, a person involuntarily admitted continues to meet the criteria for involuntary admission. (2) Additional one-hundred-eighty-day involuntary admission periods may be requested by the treatment staff if it is the opinion of the treatment staff that the person needs continued treatment and supervision without which the person poses a likelihood of danger to himself or herself or to others as defined in § 20-47-207 if discharged. (3) The treatment staff may request additional involuntary admission orders as they are deemed necessary. (b) Procedure. (1) (A) A request for periods of additional involuntary admission under this section shall be made by a petition verified by a member of the treatment staff. (B) The petition shall set forth the facts and circumstances forming the basis for the request. (2) Upon the filing of a petition for additional involuntary admission, all rights enumerated in §§ 20-47-211 and 20-47-212 shall be applicable. (c) Hearing. (1) (A) A hearing on the petition seeking additional involuntary admission pursuant to this section must be held before the expiration of the period of involuntary admission. (B) The hearing shall be open to the public and the news media, unless the person sought to be additionally involuntarily admitted shall request in writing that the hearing be closed. (C) All written requests filed on behalf of the person sought to be additionally involuntarily admitted must be witnessed by the attorney who is representing the person. (2) All testimony shall be recorded under oath and preserved. (3) The need for additional involuntary admission shall be proved by clear and convincing evidence. (d) New Original Petition. Nothing in this section shall prevent a new original petition from being filed subsequent to the release of a person involuntarily admitted pursuant to this subchapter. (e) Upon filing of an order of commitment issued under this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.

Legislative History

Acts 1989, No. 861, § 10; 2007, No. 463, § 5; 2011, No. 823, § 2.