§ 20-64-821 — Initial hearing - Determination - Evaluation

(a) In each case a hearing shall be set by the court within five (5) days, excluding weekends and holidays, of the filing of a petition for involuntary commitment, with a request for continued detention or for involuntary commitment with a request for immediate detention. (b) (1) (A) A person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing may undergo a screening and assessment within twenty-four (24) hours of the immediate detention. (B) (i) Except as provided in subdivision (b)(1)(C) of this section, a screening and assessment shall be conducted by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (ii) The division shall assign contractors to conduct screenings and assessments under this subdivision (b)(1). (iii) The division shall assume the cost of the screening and assessment. (C) (i) If a person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing declines a screening and assessment by a contractor with the division under subdivision (b)(1)(B) of this section, the person may undergo a screening and assessment by a qualified professional of his or her choosing within twenty-four (24) hours of the immediate detention. (ii) The person named in the petition for involuntary commitment shall assume the cost of a screening and assessment by a qualified professional of his or her choosing. (2) (A) The person conducting a screening and assessment under subdivision (b)(1) of this section shall provide a copy of the results of the screening and assessment to the person named in the petition for involuntary commitment and the prosecuting attorney. (B) (i) The prosecuting attorney may provide a copy to the court. (ii) The court may consider the contents of the screening and assessment as part of its determination of whether the standards for involuntary commitment apply to the person. (c) The person named in the original petition may be removed from the presence of the court upon finding that his or her conduct before the court is so disruptive that proceedings cannot be reasonably continued with him or her present. (d) The petitioner shall appear before the circuit judge to substantiate the petition. The court shall make a determination based upon clear and convincing evidence that the standards for involuntary commitment apply to the person. If such a determination is made, the person shall be remanded to a designated agent of the division or the designated receiving facility or program for treatment for a period of up to twenty-one (21) days. (e) Every person remanded for treatment shall have a treatment plan within twenty-four (24) hours of detention. (f) A copy of the court order committing the person to the designated receiving facility or program for treatment shall be forwarded to the designated receiving facility or program within five (5) working days.

Legislative History

Amended by Act 2017, No. 913,§ 98, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 29, eff. 8/16/2013. Acts 1989 (3rd Ex. Sess.), No. 10, § 10; 1991, No. 150, § 3; 1997, No. 1246, § 4; 2011, No. 1140, § 1.