Title 33, Mental Health and Substance Abuse and Intellectual and Developmental Disabilities

Upon receipt of a complaint, the clerk shall have a copy of the complaint with a notice of the time and place of the hearing, the defendant's right to counsel, and the standards for commitment that apply to the proceeding served on the defendant by personal service if the person …

The hearing shall be held as soon as possible, but not more than twenty (20) days after the complaint was filed, except that the court may continue the hearing for up to ten (10) days for good cause and may continue the hearing for as long as necessary to impanel a jury if the de…

If the complaint includes or is accompanied by a sworn statement by the plaintiff that the defendant has refused to be examined by certifying professionals and the court finds that probable cause exists to believe that the defendant is subject to involuntary care and treatment an…

The defendant's attorney shall notify the court of the representation immediately after accepting it. If the defendant does not employ an attorney, the court shall appoint an attorney to represent the defendant not less than five (5) days in advance of the hearing. An attorney re…

Either party may demand a jury trial on the issues.

The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the defendant. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charge…

The chief officer of a facility in which the defendant is found shall arrange for suitable transportation of the person to the court where the hearing is to be held, except that the sheriff shall provide transportation if the defendant has been committed in connection with crimin…

(a) The court shall give the defendant, the plaintiff, and all other persons to whom the clerk is required to give notice of the proceeding, an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. (b) The defendant shall be present at the …

The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure.

If the names of examining professionals who certified the person's need for care and treatment did not accompany the complaint, they shall be made available to the defendant and counsel prior to the hearing.

(a) The testimony of a certifying professional may be made by deposition or affidavit only with the consent of the defendant's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the defendant or the defendant's coun…

No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime.

(1) IF AND ONLY IF(1) the certificates required by law have been filed with the court showing the need for involuntary care and treatment, AND(2) the court finds on the basis of clear, unequivocal and convincing evidence that the defendant is subject to involuntary care and treat…

(a) If the court does not commit the defendant to involuntary care and treatment, the court shall enter an order dismissing the proceedings for involuntary care and treatment. (b) If the defendant is being held involuntarily under this title, the court shall order the immediate r…

If a commitment to involuntary care and treatment is entered, the certifying professionals shall disclose to the hospital or treatment resource that admits the person on its request information they have about the person, including diagnosis, past treatment, and anything else rel…

Appeals from proceedings for involuntary care and treatment shall be taken under the general law governing appeals.

Judicial proceedings for the determination of whether a person may be transferred to a facility or continues to be eligible for treatment in a facility to which that person was transferred under part 3 or 4 of this chapter, may be commenced by filing a complaint in circuit court …

Upon receipt of a complaint the clerk shall mail notice of the filing and of the time and place of the hearing to the transferee and the plaintiff and shall mail notice and a copy of the complaint to the chief officers of the transferring facility and of the receiving facility an…

The hearing shall be held as soon as possible after the complaint was filed. At the request of counsel for the transferee, the hearing shall be continued for up to ten (10) days for preparation of the case.

The transferee's attorney shall notify the court of the representation immediately after accepting it. If the transferee or others on the transferee's behalf do not employ an attorney for the transferee, the court shall appoint an attorney to represent the transferee. An attorney…

Either party may demand a jury trial on the issues.

The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the transferee. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charg…

(a) The court shall give the plaintiff, the transferee, and all other persons to whom the clerk is required to give notice of the proceeding an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. (b) The transferee shall be present at the…

The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure.

The testimony of an examining professional may be made by deposition or affidavit only with the consent of the transferee's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the transferee's counsel has consented, …

If the court finds by a preponderance of the evidence under the transfer statute that the transferee is subject to transfer or continues to be eligible for care and treatment in a facility to which the person was transferred, the court shall so declare. If the court finds otherwi…

No complaint under this part may be filed by or on behalf of a transferee within six (6) months after a hearing on a previous complaint under this part.

Any person with mental illness or serious emotional disturbance in a public or private residential facility for persons with mental illness or serious emotional disturbance is entitled to file for a writ of habeas corpus upon petition by the person with mental illness or serious …

During any proceeding to determine whether to release a person with mental illness or serious emotional disturbance seeking release by means of a writ of habeas corpus under this part or § 33-3-101, or otherwise, the court shall also, if the issue is raised in the responsive plea…

If the court determines that the person was not admitted or committed under the governing provisions of this title or was not afforded due process of law, but that the person has a mental illness or serious emotional disturbance and because of the condition poses a likelihood of …

If the court ordering the discharge is not the court that ordered the commitment or admission, the court shall transmit a certified copy of the order to the court that ordered the commitment or admission. Upon receipt of the copy, the court that ordered the commitment or admissio…

(a) A person commits a Class E felony who:(1) Without probable cause to believe a person has mental illness or serious emotional disturbance, causes or conspires with or assists a third person to cause the hospitalization or admission of the person under this title; or(2) Causes …

It is a Class C misdemeanor for any person knowingly to furnish false information for the purpose of securing the hospitalization or admission of any person to a facility for persons with mental illness or serious emotional disturbance.

Any employee of a service provider who has sexual intercourse with a service recipient of the service provider other than the employee's spouse or commits sexual battery on a service recipient, knowing or having reason to believe that the service recipient is a service recipient …

(a) A person commits a Class E felony who:(1) Counsels, causes, influences, aids or assists a service recipient with mental illness or serious emotional disturbance to leave a hospital without authority after the service recipient was admitted under court order;(2) Harbors or con…

(a) A person with mental illness or serious emotional disturbance is entitled to:(1) Receive visitors during regular visiting hours; and(2) Communicate, orally or by sending and receiving uncensored mail, with the service recipient's family, attorney, personal physician, minister…

If a person is admitted to a hospital or residential service on the application of any person other than the person's parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, the chief officer shall immediately notify the person's parent, legal guardian,…

In considering an applicant for admission, if it appears that the person has a physical disorder that requires immediate medical care and the admitting facility cannot appropriately provide the medical care, the person shall be taken first to a physician or hospital for treatment…

(a) Upon admission of a person with mental illness or serious emotional disturbance to a hospital or residential service, the chief officer shall provide the person a written statement outlining in simple, nontechnical language all release procedures and all other rights of perso…

(a) If a person admitted under court order leaves a hospital or residential service without authority, the chief officer shall immediately notify the court regardless of the length of the person's absence. If the person is taken into custody, the person may be returned to the fac…

(a) If a person is proposed to be committed to a private facility under this title, at least one (1) of the required certificates of need shall be from a professional who is not an employee of the private facility. (b) For purposes of this section, employment as a faculty member …

(a) A certificate of need for commitment for care and treatment of a person with mental illness or serious emotional disturbance is not valid for any purpose unless it is based on personal observation and examination of the person made by the professional not more than three (3) …

(a) (1) Upon the death of a person admitted to a facility, the chief officer of the facility shall mail written notice of death to the next of kin, if known, and notify the office of the medical examiner having jurisdiction to investigate the death.(2) Upon the death of a person …

If the chief officer of a facility in which a service recipient is hospitalized or admitted is of the opinion that the service recipient is unable to exercise any of the rights afforded by this chapter and chapter 3 of this title, the chief officer shall notify immediately the se…

The commissioner shall designate an employee of the department whom courts may appoint, regardless of whether the employee resides in the same county as the ward, as legal guardian or conservator for a service recipient in a state facility under title 34, if the court determines …

An employee appointed under this part as legal guardian, conservator, or trustee for a person shall have sufficient background to understand the person's mental illness or serious emotional disturbance. Accepting an appointment may not be made a condition of employment unless the…