36-3712

36-3712. Detention and commitment
requirements; definition

A. A person who is committed or conditionally released to a less restrictive
alternative pursuant to this article does not forfeit any legal right and shall not
suffer any legal disability as a consequence of any actions taken or orders made except
as specifically provided in this article.

B. A person who is committed or conditionally released to a less restrictive
alternative pursuant to this article shall receive care, supervision or treatment. The
superintendent of the state hospital shall keep records detailing all medical, expert and
professional care and treatment that a committed person receives and shall keep copies of
all reports of periodic examinations that are made pursuant to this article. These
records and reports shall be made available on request only to any of the following:

1. The committed person.

2. The committed person's attorney.

3. The county attorney or the attorney general.

4. The court.

5. On proper showing, an expert or professional person who demonstrates a need for
access to the records or reports.

6. Any mental health professional directly responsible or associated with the
mental health professional who is directly responsible for the care, control, assessment
or treatment of the committed person.

C. At the time a person is detained or transferred into a licensed facility
pursuant to this article, the person in charge of the facility or the person's designee
shall take reasonable precautions to inventory and safeguard the personal property of the
detained or transferred person. The staff member who makes an inventory of the person's
personal property shall give a signed copy of that inventory to the person. The facility
shall allow a responsible relative to inspect the property, subject to any limitations
that the person specifically imposes. The facility shall not disclose the contents of
the inventory to any other person without the consent of the person or a court order.

D. This article does not prohibit a person who is committed or conditionally
released to a less restrictive alternative from exercising any right that is available
for the purpose of obtaining release from confinement, including the right to petition
for a writ of habeas corpus. The committed person must exhaust all direct appeal and
postcommitment procedures before exercising the committed person's right to petition for
a writ of habeas corpus.

E. A person who is indigent may not be conditionally released to a less restrictive
alternative or discharged without suitable clothing. When a person is conditionally
released to a less restrictive alternative or discharged, the superintendent of the state
hospital shall furnish the person with an amount of money pursuant to section 31-228.

F. For the purposes of this section, "responsible relative" means the spouse,
parent, adult child or adult sibling of the person and includes the guardian, conservator
or attorney of the person.