Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b59.Temporary custody order; request for;procedure.(a) At the time that the petition for determination of whetheraperson is a person with an alcohol or substance abuse problem isfiled, or any time thereafter prior to the trial upon thepetition as provided for inK.S.A. 59-29b65 and amendments thereto,the petitioner may request in writing that the district courtissue a temporary custody order. The request shall state:
(1) The reasons why the person should be detained prior tothe hearing on the petition;
(2) whether an ex parte emergency custody order has beenrequested or was granted; and
(3) the present whereabouts of the person named in thepetition.
(b) Upon the filing of a request for a temporary custodyorder, the court shall set the matter for a hearing which shallbe held not later than the close of business of the second daythe district court is open for the transaction of business afterthe filing of the request. The petitioner and the person withrespect to whom the request has been filed shall be notified ofthe time and place of the hearing and that they shall each beafforded an opportunity to appear at the hearing, to testify andto present and cross-examine witnesses. If the person withrespect to whom the request has been filed has not yet retainedor been appointed an attorney, the court shall appoint anattorney for the person.
(c) At the hearing scheduled upon the request, the personwith respect to whom the request has been filed shall be presentunless the attorney for the person requests that the person'spresence be waived and the court finds that the person's presenceat the hearing would be injurious to the person's welfare. Thecourt shall enter in the record of the proceedings the facts upon which thecourt has found that the presence of theperson at the hearing would be injurious to such person'swelfare. However, if the person with respect to whom the requesthas been filed states in writing to the court or to such person'sattorney that such person wishes to be present at the hearing,the person's presence cannot be waived.
The hearing shall be conducted in as informal a manner asmay be consistent with orderly procedure and in a physicalsetting not likely to have a harmful effect on the person withrespect to whom the request has been filed. All persons notnecessary for the conduct of the proceedings may be excluded. Thecourt shall receive all relevant and material evidence which maybe offered. The rules governing evidentiary and proceduralmatters shall be applied to hearings under this section in amanner so as to facilitate informal, efficient presentation ofall relevant, probative evidence and resolution of issues withdue regard to the interests of all parties. The facts or dataupon which a duly qualified expert bases an opinion or inferencemay be those perceived by or made known to the expert at orbefore the hearing and if of a type reasonably relied upon byexperts in their particular field in forming opinions orinferences upon the subject, the facts or data need not beadmissible in evidence. The expert may testify in terms ofopinion or inference and give the expert's reasons thereforwithout prior disclosure of the underlying facts or data unlessthe court requires otherwise. If requested on cross-examination,the expert shall disclose the underlying facts or data.
If the petitioner is not represented by counsel, the countyor district attorney shall represent the petitioner, prepare allnecessary papers, appear at the hearing and present such evidenceas the county or district attorney determines to be of aid to thecourt in determining whether or not there is probable cause tobelieve that the person with respect to whom the request has beenfiled is a person with an alcohol or substance abuse problemsubject to involuntary commitment for care and treatment underthis act, and that it would be in the best interests of the person to bedetained until the trial upon the petition.
(d) After the hearing, if the court determines from theevidence that:
(1) There is probable cause to believe that the person with respect towhom the request has been filed is a person withan alcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, and that it isin the best interests of the person to be detained until thetrial upon the petition, the court shall issue a temporarycustody order;
(2) there is probable cause to believe that the personwith respect to whom the request has been filed is a person withan alcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, but that itwould not be in the person's best interests to be detained until thetrial upon the petition, the court may allow the person to be atliberty, subject to such conditions as the court may impose; and
(3) there is not probable cause to believe that the personwith respect to whom the request has been filed is a person withan alcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, the court shallterminate the proceedings and release the person.
(e) (1) A temporary custody order issued pursuant to thissection may direct any law enforcement officer or any otherperson designated by the court to take the person named in theorder into custody and transport them to a designated treatmentfacility, and authorize the designated treatment facility todetain and treat the person until the trial upon the petition.
(2) No temporary custody order shall provide for thedetention of any person in a nonmedical facility used for thedetention of persons charged with or convicted of a crime unlessno other suitable facility at which such person may be detainedis willing to accept the person.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b59.Temporary custody order; request for;procedure.(a) At the time that the petition for determination of whetheraperson is a person with an alcohol or substance abuse problem isfiled, or any time thereafter prior to the trial upon thepetition as provided for inK.S.A. 59-29b65 and amendments thereto,the petitioner may request in writing that the district courtissue a temporary custody order. The request shall state:
(1) The reasons why the person should be detained prior tothe hearing on the petition;
(2) whether an ex parte emergency custody order has beenrequested or was granted; and
(3) the present whereabouts of the person named in thepetition.
(b) Upon the filing of a request for a temporary custodyorder, the court shall set the matter for a hearing which shallbe held not later than the close of business of the second daythe district court is open for the transaction of business afterthe filing of the request. The petitioner and the person withrespect to whom the request has been filed shall be notified ofthe time and place of the hearing and that they shall each beafforded an opportunity to appear at the hearing, to testify andto present and cross-examine witnesses. If the person withrespect to whom the request has been filed has not yet retainedor been appointed an attorney, the court shall appoint anattorney for the person.
(c) At the hearing scheduled upon the request, the personwith respect to whom the request has been filed shall be presentunless the attorney for the person requests that the person'spresence be waived and the court finds that the person's presenceat the hearing would be injurious to the person's welfare. Thecourt shall enter in the record of the proceedings the facts upon which thecourt has found that the presence of theperson at the hearing would be injurious to such person'swelfare. However, if the person with respect to whom the requesthas been filed states in writing to the court or to such person'sattorney that such person wishes to be present at the hearing,the person's presence cannot be waived.
The hearing shall be conducted in as informal a manner asmay be consistent with orderly procedure and in a physicalsetting not likely to have a harmful effect on the person withrespect to whom the request has been filed. All persons notnecessary for the conduct of the proceedings may be excluded. Thecourt shall receive all relevant and material evidence which maybe offered. The rules governing evidentiary and proceduralmatters shall be applied to hearings under this section in amanner so as to facilitate informal, efficient presentation ofall relevant, probative evidence and resolution of issues withdue regard to the interests of all parties. The facts or dataupon which a duly qualified expert bases an opinion or inferencemay be those perceived by or made known to the expert at orbefore the hearing and if of a type reasonably relied upon byexperts in their particular field in forming opinions orinferences upon the subject, the facts or data need not beadmissible in evidence. The expert may testify in terms ofopinion or inference and give the expert's reasons thereforwithout prior disclosure of the underlying facts or data unlessthe court requires otherwise. If requested on cross-examination,the expert shall disclose the underlying facts or data.
If the petitioner is not represented by counsel, the countyor district attorney shall represent the petitioner, prepare allnecessary papers, appear at the hearing and present such evidenceas the county or district attorney determines to be of aid to thecourt in determining whether or not there is probable cause tobelieve that the person with respect to whom the request has beenfiled is a person with an alcohol or substance abuse problemsubject to involuntary commitment for care and treatment underthis act, and that it would be in the best interests of the person to bedetained until the trial upon the petition.
(d) After the hearing, if the court determines from theevidence that:
(1) There is probable cause to believe that the person with respect towhom the request has been filed is a person withan alcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, and that it isin the best interests of the person to be detained until thetrial upon the petition, the court shall issue a temporarycustody order;
(2) there is probable cause to believe that the personwith respect to whom the request has been filed is a person withan alcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, but that itwould not be in the person's best interests to be detained until thetrial upon the petition, the court may allow the person to be atliberty, subject to such conditions as the court may impose; and
(3) there is not probable cause to believe that the personwith respect to whom the request has been filed is a person withan alcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, the court shallterminate the proceedings and release the person.
(e) (1) A temporary custody order issued pursuant to thissection may direct any law enforcement officer or any otherperson designated by the court to take the person named in theorder into custody and transport them to a designated treatmentfacility, and authorize the designated treatment facility todetain and treat the person until the trial upon the petition.
(2) No temporary custody order shall provide for thedetention of any person in a nonmedical facility used for thedetention of persons charged with or convicted of a crime unlessno other suitable facility at which such person may be detainedis willing to accept the person.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b59.Temporary custody order; request for;procedure.(a) At the time that the petition for determination of whetheraperson is a person with an alcohol or substance abuse problem isfiled, or any time thereafter prior to the trial upon thepetition as provided for inK.S.A. 59-29b65 and amendments thereto,the petitioner may request in writing that the district courtissue a temporary custody order. The request shall state:
(1) The reasons why the person should be detained prior tothe hearing on the petition;
(2) whether an ex parte emergency custody order has beenrequested or was granted; and
(3) the present whereabouts of the person named in thepetition.
(b) Upon the filing of a request for a temporary custodyorder, the court shall set the matter for a hearing which shallbe held not later than the close of business of the second daythe district court is open for the transaction of business afterthe filing of the request. The petitioner and the person withrespect to whom the request has been filed shall be notified ofthe time and place of the hearing and that they shall each beafforded an opportunity to appear at the hearing, to testify andto present and cross-examine witnesses. If the person withrespect to whom the request has been filed has not yet retainedor been appointed an attorney, the court shall appoint anattorney for the person.
(c) At the hearing scheduled upon the request, the personwith respect to whom the request has been filed shall be presentunless the attorney for the person requests that the person'spresence be waived and the court finds that the person's presenceat the hearing would be injurious to the person's welfare. Thecourt shall enter in the record of the proceedings the facts upon which thecourt has found that the presence of theperson at the hearing would be injurious to such person'swelfare. However, if the person with respect to whom the requesthas been filed states in writing to the court or to such person'sattorney that such person wishes to be present at the hearing,the person's presence cannot be waived.
The hearing shall be conducted in as informal a manner asmay be consistent with orderly procedure and in a physicalsetting not likely to have a harmful effect on the person withrespect to whom the request has been filed. All persons notnecessary for the conduct of the proceedings may be excluded. Thecourt shall receive all relevant and material evidence which maybe offered. The rules governing evidentiary and proceduralmatters shall be applied to hearings under this section in amanner so as to facilitate informal, efficient presentation ofall relevant, probative evidence and resolution of issues withdue regard to the interests of all parties. The facts or dataupon which a duly qualified expert bases an opinion or inferencemay be those perceived by or made known to the expert at orbefore the hearing and if of a type reasonably relied upon byexperts in their particular field in forming opinions orinferences upon the subject, the facts or data need not beadmissible in evidence. The expert may testify in terms ofopinion or inference and give the expert's reasons thereforwithout prior disclosure of the underlying facts or data unlessthe court requires otherwise. If requested on cross-examination,the expert shall disclose the underlying facts or data.
If the petitioner is not represented by counsel, the countyor district attorney shall represent the petitioner, prepare allnecessary papers, appear at the hearing and present such evidenceas the county or district attorney determines to be of aid to thecourt in determining whether or not there is probable cause tobelieve that the person with respect to whom the request has beenfiled is a person with an alcohol or substance abuse problemsubject to involuntary commitment for care and treatment underthis act, and that it would be in the best interests of the person to bedetained until the trial upon the petition.
(d) After the hearing, if the court determines from theevidence that:
(1) There is probable cause to believe that the person with respect towhom the request has been filed is a person withan alcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, and that it isin the best interests of the person to be detained until thetrial upon the petition, the court shall issue a temporarycustody order;
(2) there is probable cause to believe that the personwith respect to whom the request has been filed is a person withan alcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, but that itwould not be in the person's best interests to be detained until thetrial upon the petition, the court may allow the person to be atliberty, subject to such conditions as the court may impose; and
(3) there is not probable cause to believe that the personwith respect to whom the request has been filed is a person withan alcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, the court shallterminate the proceedings and release the person.
(e) (1) A temporary custody order issued pursuant to thissection may direct any law enforcement officer or any otherperson designated by the court to take the person named in theorder into custody and transport them to a designated treatmentfacility, and authorize the designated treatment facility todetain and treat the person until the trial upon the petition.
(2) No temporary custody order shall provide for thedetention of any person in a nonmedical facility used for thedetention of persons charged with or convicted of a crime unlessno other suitable facility at which such person may be detainedis willing to accept the person.
