36-529. Order for evaluation; order for
detention; hearing
A. If, from the review of the petition for evaluation, the court does not determine
that the proposed patient is likely to present a danger to self or others or further
deteriorate prior to his hearing on court-ordered treatment, but determines that there is
reasonable cause to believe that the proposed patient is, as a result of a mental
disorder, a danger to self or others, is persistently or acutely disabled or is gravely
disabled, the court shall issue an order directing the proposed patient to submit to an
evaluation at a designated time and place, specifying that the evaluation will take place
on an inpatient or an outpatient basis. The court may also order that if the person does
not or cannot so submit, that he be taken into custody by a police officer and delivered
to an evaluation agency. If the court makes such a conditional order, it shall also make
a conditional appointment of counsel for the person to become effective when and if the
person is taken into custody pursuant to this section.
B. If, from review of the petition for evaluation, there is reasonable cause to
believe that the proposed patient is, as a result of a mental disorder, a danger to self
or others, is persistently or acutely disabled or is gravely disabled and that the person
requires immediate or continued hospitalization prior to his hearing on court-ordered
treatment, the court shall order the proposed patient taken into custody and evaluated at
an evaluation agency. The court shall promptly appoint counsel for the proposed
patient. If an intercounty agreement authorizes the same, the court may order that the
evaluation be conducted in another county, and the superior court in the county where the
evaluation is conducted shall have concurrent jurisdiction to make appropriate orders
concerning the proposed patient.
C. If the person is not taken into custody or if the evaluation pursuant to the
order of the court under subsection A or B is not initiated within fourteen days from the
date of the order, the order and petition for evaluation shall expire.
D. If the person is involuntarily hospitalized, the person shall be informed by his
appointed attorney of his rights to a hearing to determine whether he should be
involuntarily hospitalized for evaluation and to be represented at the hearing by an
attorney. If the patient requests a hearing to determine whether he should be
involuntarily hospitalized during evaluation, the court shall schedule a hearing at its
first opportunity.
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