§ 12-26-6-10 — Additional commitment period; proceedings

(a) The period of commitment of an
individual under this chapter may be extended for one (1) additional
period of not more than ninety (90) days through a proceeding under
this section.
(b) A proceeding under this section must be begun before the end
of the first period of commitment.
(c) A proceeding under this section may be begun by filing with the
court a report by the attending physician or superintendent that states
that the individual continues to be:
(1) mentally ill and either dangerous or gravely disabled; and
(2) in need of continuing custody, care, or treatment in the facility
for an additional period of not more than ninety (90) days.
(d) Upon receiving a report under subsection (c), the court shall set
a hearing on the report.
(e) The hearing required by subsection (d) must be held before the
end of the current commitment period.
(f) Notice of the hearing required by subsection (d) shall be given
to the committed individual and all other interested individuals at least
five (5) days before the hearing date.
(g) A committed individual's rights and a petitioner's rights and
hearing procedures are the same as those provided for the first period
of commitment.
(h) If at the completion of the hearing and the consideration of the
record the individual is found to be:
(1) mentally ill and either dangerous or gravely disabled; and
(2) in need of continuing custody, care, or treatment in the
facility;
the court may order the individual's continuing custody, care, or
treatment in the facility for one (1) additional period of not more than
ninety (90) days.
[Pre-1992 Revision Citation: 16-14-9.1-9(j).]

Legislative History

As added by P.L.2-1992, SEC.20.