Probable Cause, Evaluation: Duration of Commitment, Renewal and Extension; Treatment and Care

Probable Cause, Evaluation: Duration of Commitment, Renewal and Extension; Treatment and Care. (a) Whenever there is probable cause to believe that a person is subject to commitment under 3 CMC § 2511, the court may order that the person be detained for three judicial days for the purpose of evaluation and treatment. The evaluation facility shall, upon expiration of the period, release the person or refer him for further care and treatment on a voluntary basis, unless the Attorney General’s office proceeds with a full evidentiary hearing and obtains a commitment order pursuant to 3 CMC § 2511 before the end of the judicial day. (b) The court may order the involuntary civil commitment of a person under 3 CMC § 2511 for a period not to exceed 30 days on a first application. The Attorney General’s office may seek a renewal or extension of the order pursuant to 3 CMC § 2515. The court may order, upon the first renewal or extension request, commitment up to an additional 30 days, and, on the second renewal or extension request, commitment up to an additional 60 days. In no event shall a person committed under 3 CMC § 2511 be involuntarily civilly committed for more than 120 consecutive days. (c) Nothing in this section is intended to preclude use of other lawful means for medical consent and decision-making and care of mentally ill persons. (d) Each person admitted to an evaluation or treatment facility pursuant to this section and 3 CMC § 2511 shall receive the prompt and adequate treatment his condition requires for the full period he is held, consistent with his patient’s rights. Source: PL 8-36, § 15, modified.