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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 631

previous next Effective - 28 Aug 1996bottom

  631.150.  Further additional detention may be requested — hearing to be held when — treatment plan to be presented. — 1.  Before the expiration of the thirty-day period of detention, treatment, and rehabilitation ordered pursuant to section 631.145, the court may order the respondent to be detained for treatment and rehabilitation for an additional period not to exceed ninety days; provided that:

  (1)  The respondent, as the result of alcohol or drug abuse, or both, continues to present a likelihood of serious harm to himself or to others; and

  (2)  The court, after a hearing, orders the respondent detained for treatment and rehabilitation for the additional period.

  2.  If, within twenty-five days of the court hearing described in section 631.145, the head of the alcohol or drug abuse facility or the mental health coordinator has reasonable cause to believe that the respondent, as the result of alcohol or drug abuse, or both, presents a likelihood of serious harm to himself or others, and believes that further detention and treatment is necessary, he shall file, or cause to be filed, with the court a petition for ninety days additional detention, treatment, and rehabilitation.  The court shall immediately set a date and time for a hearing on the petition, which shall take place within four judicial days of the date of the filing of the petition.  The court shall serve a copy of the petition and the notice of the date and time of the hearing upon the petitioner, the respondent, and their attorneys as promptly as possible, but not later than two judicial days after the filing of the petition.  The petitioner shall also file with the court, for the court to serve upon the respondent's attorney not later than two days after the filing of the petition, a list of the proposed witnesses for the petitioner.  The head of the alcohol or drug abuse facility shall notify the mental health coordinator if the petition is not filed by the mental health coordinator.  The petition shall comply with the requirements of section 631.140, and an individualized treatment and rehabilitation plan for the respondent shall be attached thereto.

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


---- end of effective   28 Aug 1996 ----

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