Section 631.145

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 631

Effective - 28 Aug 1996   

  631.145.  Hearing for continued detention, procedure — patient's rights relating thereto. — 1.  The petition for thirty-day involuntary detention, treatment, and rehabilitation shall be filed with the probate division of the circuit court.  At the time of filing the petition, the court clerk shall set a date and time for the hearing which shall take place within two judicial days of the filing of the petition.  The clerk shall promptly notify the respondent, his attorney, the petitioner and the petitioner's attorney of the date and time for the hearing.  The court shall not grant continuances except upon a showing of good and sufficient cause.  If a continuance is granted, the court, in its discretion, may order the person released pending the hearing upon conditions prescribed by the court.  The court may order the continued detention, treatment, and rehabilitation of the person at an alcohol or drug abuse facility pending the continued hearing, and a copy of such order shall be furnished to the facility.

  2.  The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the respondent.  In addition to all rights specified elsewhere, the respondent shall have the right to:

  (1)  Be represented by an attorney;

  (2)  Present evidence on his own behalf;

  (3)  Cross-examine witnesses who testify on behalf of the petitioner;

  (4)  Remain silent;

  (5)  View and copy all petitions and reports in the court file of his case;

  (6)  Have the hearing open or closed to the public as he elects;

  (7)  Have the hearing conducted according to the rules of evidence applicable to civil judicial proceedings.

  3.  The respondent shall be present at the hearing unless he refuses to be present, his physical condition is such that he cannot be present in the courtroom, or the court determines that the respondent's conduct in the courtroom is so disruptive that the proceedings cannot reasonably continue with him present.

  4.  At the conclusion of the hearing, if the court finds, based upon clear and convincing evidence, that the respondent, as the result of alcohol or drug abuse, or both, presents a likelihood of serious harm to himself or to others, the court shall order that the respondent be detained for involuntary treatment and rehabilitation in the least restrictive environment for a period not to exceed thirty days.

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(L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841)