§ 20-64-824 — Additional commitment

(a) An additional forty-five-day commitment order may be requested if in the opinion of the treatment staff a person remains suicidal, homicidal, or gravely disabled. (b) (1) (A) Any request for periods of additional commitment pursuant to this section shall be made by a petition verified by the receiving facility or program treatment staff. (B) The petition shall set forth facts and circumstances forming the basis for the request. (2) Upon the filing of the petition for additional commitment, all rights enumerated in § 20-64-817 shall be applicable. (c) (1) (A) A hearing on the petition for additional commitment pursuant to this section shall be held before the expiration of the period of confinement. (B) The hearing may be held in a receiving facility or program where the person is detained or residing. (2) A copy of the petition shall be served upon the person sought to be additionally committed, along with a copy forwarded to any attorney who may have represented or may have been appointed to represent the person at the initial hearing. (d) All testimony shall be recorded under oath and preserved. (e) The need for additional commitment shall be proven by clear and convincing evidence.

Legislative History

Acts 1989 (3rd Ex. Sess.), No. 10, § 13; 1997, No. 1246, § 5.