36-548

36-548. Court-ordered treatment by the veterans
administration or other agency of the United States

A. Whenever, in any proceeding under the laws of this state for the court-ordered
treatment of a person alleged to be, as a result of a mental disorder, a danger to self
or to others or gravely disabled, it is determined after such adjudication of the status
of such person as may be required by law that hospitalization in a mental health
treatment agency is necessary for treatment, and it appears that the person is eligible
for care or treatment by the veterans administration or other agency of the United
States, the court, upon receipt of a certificate from the veterans administration or
other agency showing that facilities are available and that the person is eligible for
care or treatment, may order the person to undergo treatment by the veterans
administration or other agency of the United States. A person hospitalized in a veterans
administration facility or institution operated by another agency of the United States in
accordance with the court's order for treatment shall be subject to the rules and
regulations of the veterans administration or other agency whether the facility is
located within or without the state. The chief officer of the veterans administration
facility or other institution by another agency of the United States in which the person
is hospitalized shall with respect to the person be vested with the same powers as the
medical director of a mental health treatment agency with respect to the continuation of
hospitalization or release. Jurisdiction is retained by the court which ordered the
treatment of the patient or other superior court of the state at any time to inquire into
the mental condition of the person and to determine the necessity for continuance of his
hospitalization.

B. The judgment or order of commitment by a court of competent jurisdiction of
another state or of the District of Columbia, committing a person to the veterans
administration or other agency of the United States for care or treatment, shall have the
same force and effect as to the committed person while in this state as in the
jurisdiction where the court which entered the judgment or made the order is located, and
the courts of the committing state, or of the District of Columbia, shall be deemed to
have retained jurisdiction of the person so committed for the purpose of inquiring into
the mental condition of the person, and of determining the necessity for continuance of
his hospitalization as provided by subsection A with respect to persons ordered to
undergo treatment by the courts of this state. Consent is given to the application of
the law of the committing state or District of Columbia with respect to the authority of
the chief officer of any facility of the veterans administration or any institution
operated in this state by any other agency of the United States to retain custody, or
transfer, parole, or discharge the committed person.

C. Upon receipt of a certificate of the veterans administration or other agency of
the United States that facilities are available for the care or treatment of any person
heretofore ordered to undergo treatment in a mental health treatment agency and that the
person is eligible for care or treatment, the medical director of the mental health
treatment agency may cause the transfer of the person to a veterans administration
facility or institution operated by another agency of the United States for care or
treatment. Upon effecting any such transfer, the superior court which ordered treatment
for the patient shall be notified thereof by the transferring agency. No person shall be
transferred to a veterans administration facility or institution operated by another
agency of the United States if he is confined pursuant to an order of a superior court
under rules of criminal procedure, unless prior to transfer the superior court enters an
order for the transfer.

D. A person transferred as provided in this section is deemed to have been ordered
to undergo treatment by the veterans administration or other agency of the United States
pursuant to the original court order for treatment. No person ordered to undergo
treatment by the veterans administration or transferred to the veterans administration as
provided in this section shall be removed from the state for evaluation or treatment
without specific informed consent of the patient or his legal guardian.