§ 23-1.10-12 Involuntary commitment ofalcoholics. – (a) A person may be committed to the custody of the department by the districtcourt upon the petition of his or her spouse or guardian, a relative, thecertifying physician, or the administrator in charge of any approved publictreatment facility. The petition shall allege that the person is an alcoholicwho habitually lacks self-control as to the use of alcoholic beverages and thathe or she: (1) has threatened, attempted, or inflicted physical harm on himselfor herself or another and that unless committed is likely to inflict physicalharm on himself or herself or another; or (2) will continue to suffer abnormalmental, emotional, or physical distress, will continue to deteriorate inability to function independently if not treated, and is unable to make arational and informed choice as to whether or not to submit to treatment, andas a result, poses a danger to himself or herself. Evidence that the person hashad numerous short-term, involuntary admissions to a treatment facility shallbe considered by the court in making a decision pursuant to this chapter. Thepetition shall be accompanied by a certificate of a licensed physician who hasexamined the person within three (3) days before submission of the petition,unless the person whose commitment is sought has refused to submit to a medicalexamination, in which case the fact of refusal shall be alleged in thepetition. The certificate shall set forth the physician's findings in supportof the allegations of the petition.
(b) Upon filing the petition, the court shall fix a date fora hearing no later than ten (10) days after the date the petition was filed. Acopy of the petition and of the notice of the hearing, including the date fixedby the court, shall be served on the petitioner, the person whose commitment issought, his or her next-of-kin other than the petitioner, a parent or his orher legal guardian if he or she is a minor, the administrator in charge of theapproved public treatment facility to which he or she has been committed foremergency care, and any other person the court believes advisable. A copy ofthe petition and certificate shall be delivered to each person notified.
(c) At the hearing the court shall hear all relevanttestimony, including, if possible, the testimony of at least one licensedphysician who has examined the person whose commitment is sought. The personshall be present unless the court believes that his or her presence is likelyto be injurious to him or her; in this event the court shall appoint a guardianad litem to represent him or her throughout the proceeding. The court shallexamine the person in open court, or if advisable shall examine the person outof court. If the person has refused to be examined by a licensed physician, heor she shall be given an opportunity to be examined by a court-appointedlicensed physician. If he or she refuses and there is sufficient evidence tobelieve that the allegations of the petition are true, or if the court believesthat more medical evidence is necessary, the court may make a temporary ordercommitting him or her to the division for a period of not more than five (5)days for purposes of a diagnostic examination.
(d) If after hearing all relevant evidence, including theresults of any diagnostic examination by the department, the court finds thatgrounds for involuntary commitment have been established by clear andconvincing proof, it shall make an order of commitment to the department. Itmay not order commitment of a person unless it determines that the departmentis able to provide adequate and appropriate treatment for him or her and thetreatment is likely to be beneficial.
(e) A person committed under this section shall remain in thecustody of the department for treatment for a period of thirty (30) days unlesssooner discharged. At the end of the thirty (30) day period, he or she shall bedischarged automatically unless the department before the expiration of theperiod obtains a court order for his or her recommitment upon the grounds setforth in subsection (a) for a further period of ninety (90) days unless soonerdischarged. If a person has been committed because he or she is an alcoholiclikely to inflict physical harm on himself or herself or another, thedepartment shall apply for recommitment if after examination it is determinedthat the likelihood still exists.
(f) A person recommitted under subsection (a) who has notbeen discharged by the department before the end of the ninety (90) day periodshall be discharged at the expiration of that period unless the department,before the expiration of the period, obtains a court order on the grounds setforth in subsection (a) for recommitment for a further period not to exceedninety (90) days. If a person has been committed because he or she is analcoholic likely to inflict physical harm on himself or herself or another, thedepartment shall apply for recommitment if after examination it is determinedthat the likelihood still exists. Only two (2) recommitment orders undersubsection (e) and (f) shall be permitted.
(g) Upon the filing of a petition for recommitment undersubsection (e) or (f), the court shall fix a date for a hearing no later thanten (10) days after the date the petition was filed. A copy of the petition andof the notice of the hearing, including the date fixed by the court, shall beserved on the petitioner, the person whose commitment is sought, his or hernext-of-kin other than the petitioner, the original petitioner under subsection(a) if different from the petitioner for recommitment, one of his or herparents or his or her legal guardian if he or she is a minor, and any otherperson the court believes advisable. At the hearing the court shall proceed asprovided in subsection (c).
(h) The department shall provide for adequate and appropriatetreatment of a person committed to its custody. The department may transfer anyperson committed to its custody from one approved public treatment facility toanother if transfer is medically advisable.
(i) A person committed to the custody of the department fortreatment shall be discharged at any time before the end of the period forwhich he or she has been committed if either of the following conditions is met:
(1) In case of an alcoholic committed on the grounds oflikelihood of infliction of physical harm upon himself or herself or another,that he or she is no longer an alcoholic or the likelihood no longer exists; or
(2) In case of an alcoholic committed on the grounds of theneed of treatment, deterioration, inability to function, or the fact that he orshe is a danger to himself or herself, that the deterioration no longer exists,that he or she is no longer a danger to himself or herself, that he or she isable to function, that further treatment will not be likely to bring aboutsignificant improvement in the person's condition, or treatment is no longeradequate or appropriate.
(j) The court shall inform the person whose commitment orrecommitment is sought of his or her right to contest the application, berepresented by counsel at every stage of any proceedings relating to his or hercommitment and recommitment, and have counsel appointed by the court orprovided by the court if he or she wants the assistance of counsel and isunable to obtain counsel. If the court believes that the person needs theassistance of counsel, the court shall require, by appointment if necessary,counsel for him or her regardless of his or her wishes. The person whosecommitment or recommitment is sought shall be informed of his or her right tobe examined by a licensed physician of his or her choice. If the person isunable to obtain a licensed physician and requests examination by a physician,the court shall employ a licensed physician.
(k) If a private treatment facility agrees with the requestof a competent patient or his or her parent, sibling, adult child, or guardianto accept the patient for treatment, the administrator of the public treatmentfacility shall transfer him or her to the private treatment facility.
(l) A person committed under this chapter may at any timeseek to be discharged from commitment by writ of habeas corpus.
(m) Any aggrieved party may appeal to the superior court froma judgment of the district court by claiming the appeal in writing filed withthe clerk within forty-eight (48) hours, exclusive of Sundays and legalholidays, after the judgment is entered.
(2) All court actions shall be heard within fourteen (14)days after the appeal and shall have precedence on the calendar and shallcontinue to have precedence on the calendar on a day-to-day basis until thematter is heard.
§ 23-1.10-12 Involuntary commitment ofalcoholics. – (a) A person may be committed to the custody of the department by the districtcourt upon the petition of his or her spouse or guardian, a relative, thecertifying physician, or the administrator in charge of any approved publictreatment facility. The petition shall allege that the person is an alcoholicwho habitually lacks self-control as to the use of alcoholic beverages and thathe or she: (1) has threatened, attempted, or inflicted physical harm on himselfor herself or another and that unless committed is likely to inflict physicalharm on himself or herself or another; or (2) will continue to suffer abnormalmental, emotional, or physical distress, will continue to deteriorate inability to function independently if not treated, and is unable to make arational and informed choice as to whether or not to submit to treatment, andas a result, poses a danger to himself or herself. Evidence that the person hashad numerous short-term, involuntary admissions to a treatment facility shallbe considered by the court in making a decision pursuant to this chapter. Thepetition shall be accompanied by a certificate of a licensed physician who hasexamined the person within three (3) days before submission of the petition,unless the person whose commitment is sought has refused to submit to a medicalexamination, in which case the fact of refusal shall be alleged in thepetition. The certificate shall set forth the physician's findings in supportof the allegations of the petition.
(b) Upon filing the petition, the court shall fix a date fora hearing no later than ten (10) days after the date the petition was filed. Acopy of the petition and of the notice of the hearing, including the date fixedby the court, shall be served on the petitioner, the person whose commitment issought, his or her next-of-kin other than the petitioner, a parent or his orher legal guardian if he or she is a minor, the administrator in charge of theapproved public treatment facility to which he or she has been committed foremergency care, and any other person the court believes advisable. A copy ofthe petition and certificate shall be delivered to each person notified.
(c) At the hearing the court shall hear all relevanttestimony, including, if possible, the testimony of at least one licensedphysician who has examined the person whose commitment is sought. The personshall be present unless the court believes that his or her presence is likelyto be injurious to him or her; in this event the court shall appoint a guardianad litem to represent him or her throughout the proceeding. The court shallexamine the person in open court, or if advisable shall examine the person outof court. If the person has refused to be examined by a licensed physician, heor she shall be given an opportunity to be examined by a court-appointedlicensed physician. If he or she refuses and there is sufficient evidence tobelieve that the allegations of the petition are true, or if the court believesthat more medical evidence is necessary, the court may make a temporary ordercommitting him or her to the division for a period of not more than five (5)days for purposes of a diagnostic examination.
(d) If after hearing all relevant evidence, including theresults of any diagnostic examination by the department, the court finds thatgrounds for involuntary commitment have been established by clear andconvincing proof, it shall make an order of commitment to the department. Itmay not order commitment of a person unless it determines that the departmentis able to provide adequate and appropriate treatment for him or her and thetreatment is likely to be beneficial.
(e) A person committed under this section shall remain in thecustody of the department for treatment for a period of thirty (30) days unlesssooner discharged. At the end of the thirty (30) day period, he or she shall bedischarged automatically unless the department before the expiration of theperiod obtains a court order for his or her recommitment upon the grounds setforth in subsection (a) for a further period of ninety (90) days unless soonerdischarged. If a person has been committed because he or she is an alcoholiclikely to inflict physical harm on himself or herself or another, thedepartment shall apply for recommitment if after examination it is determinedthat the likelihood still exists.
(f) A person recommitted under subsection (a) who has notbeen discharged by the department before the end of the ninety (90) day periodshall be discharged at the expiration of that period unless the department,before the expiration of the period, obtains a court order on the grounds setforth in subsection (a) for recommitment for a further period not to exceedninety (90) days. If a person has been committed because he or she is analcoholic likely to inflict physical harm on himself or herself or another, thedepartment shall apply for recommitment if after examination it is determinedthat the likelihood still exists. Only two (2) recommitment orders undersubsection (e) and (f) shall be permitted.
(g) Upon the filing of a petition for recommitment undersubsection (e) or (f), the court shall fix a date for a hearing no later thanten (10) days after the date the petition was filed. A copy of the petition andof the notice of the hearing, including the date fixed by the court, shall beserved on the petitioner, the person whose commitment is sought, his or hernext-of-kin other than the petitioner, the original petitioner under subsection(a) if different from the petitioner for recommitment, one of his or herparents or his or her legal guardian if he or she is a minor, and any otherperson the court believes advisable. At the hearing the court shall proceed asprovided in subsection (c).
(h) The department shall provide for adequate and appropriatetreatment of a person committed to its custody. The department may transfer anyperson committed to its custody from one approved public treatment facility toanother if transfer is medically advisable.
(i) A person committed to the custody of the department fortreatment shall be discharged at any time before the end of the period forwhich he or she has been committed if either of the following conditions is met:
(1) In case of an alcoholic committed on the grounds oflikelihood of infliction of physical harm upon himself or herself or another,that he or she is no longer an alcoholic or the likelihood no longer exists; or
(2) In case of an alcoholic committed on the grounds of theneed of treatment, deterioration, inability to function, or the fact that he orshe is a danger to himself or herself, that the deterioration no longer exists,that he or she is no longer a danger to himself or herself, that he or she isable to function, that further treatment will not be likely to bring aboutsignificant improvement in the person's condition, or treatment is no longeradequate or appropriate.
(j) The court shall inform the person whose commitment orrecommitment is sought of his or her right to contest the application, berepresented by counsel at every stage of any proceedings relating to his or hercommitment and recommitment, and have counsel appointed by the court orprovided by the court if he or she wants the assistance of counsel and isunable to obtain counsel. If the court believes that the person needs theassistance of counsel, the court shall require, by appointment if necessary,counsel for him or her regardless of his or her wishes. The person whosecommitment or recommitment is sought shall be informed of his or her right tobe examined by a licensed physician of his or her choice. If the person isunable to obtain a licensed physician and requests examination by a physician,the court shall employ a licensed physician.
(k) If a private treatment facility agrees with the requestof a competent patient or his or her parent, sibling, adult child, or guardianto accept the patient for treatment, the administrator of the public treatmentfacility shall transfer him or her to the private treatment facility.
(l) A person committed under this chapter may at any timeseek to be discharged from commitment by writ of habeas corpus.
(m) Any aggrieved party may appeal to the superior court froma judgment of the district court by claiming the appeal in writing filed withthe clerk within forty-eight (48) hours, exclusive of Sundays and legalholidays, after the judgment is entered.
(2) All court actions shall be heard within fourteen (14)days after the appeal and shall have precedence on the calendar and shallcontinue to have precedence on the calendar on a day-to-day basis until thematter is heard.
§ 23-1.10-12 Involuntary commitment ofalcoholics. – (a) A person may be committed to the custody of the department by the districtcourt upon the petition of his or her spouse or guardian, a relative, thecertifying physician, or the administrator in charge of any approved publictreatment facility. The petition shall allege that the person is an alcoholicwho habitually lacks self-control as to the use of alcoholic beverages and thathe or she: (1) has threatened, attempted, or inflicted physical harm on himselfor herself or another and that unless committed is likely to inflict physicalharm on himself or herself or another; or (2) will continue to suffer abnormalmental, emotional, or physical distress, will continue to deteriorate inability to function independently if not treated, and is unable to make arational and informed choice as to whether or not to submit to treatment, andas a result, poses a danger to himself or herself. Evidence that the person hashad numerous short-term, involuntary admissions to a treatment facility shallbe considered by the court in making a decision pursuant to this chapter. Thepetition shall be accompanied by a certificate of a licensed physician who hasexamined the person within three (3) days before submission of the petition,unless the person whose commitment is sought has refused to submit to a medicalexamination, in which case the fact of refusal shall be alleged in thepetition. The certificate shall set forth the physician's findings in supportof the allegations of the petition.
(b) Upon filing the petition, the court shall fix a date fora hearing no later than ten (10) days after the date the petition was filed. Acopy of the petition and of the notice of the hearing, including the date fixedby the court, shall be served on the petitioner, the person whose commitment issought, his or her next-of-kin other than the petitioner, a parent or his orher legal guardian if he or she is a minor, the administrator in charge of theapproved public treatment facility to which he or she has been committed foremergency care, and any other person the court believes advisable. A copy ofthe petition and certificate shall be delivered to each person notified.
(c) At the hearing the court shall hear all relevanttestimony, including, if possible, the testimony of at least one licensedphysician who has examined the person whose commitment is sought. The personshall be present unless the court believes that his or her presence is likelyto be injurious to him or her; in this event the court shall appoint a guardianad litem to represent him or her throughout the proceeding. The court shallexamine the person in open court, or if advisable shall examine the person outof court. If the person has refused to be examined by a licensed physician, heor she shall be given an opportunity to be examined by a court-appointedlicensed physician. If he or she refuses and there is sufficient evidence tobelieve that the allegations of the petition are true, or if the court believesthat more medical evidence is necessary, the court may make a temporary ordercommitting him or her to the division for a period of not more than five (5)days for purposes of a diagnostic examination.
(d) If after hearing all relevant evidence, including theresults of any diagnostic examination by the department, the court finds thatgrounds for involuntary commitment have been established by clear andconvincing proof, it shall make an order of commitment to the department. Itmay not order commitment of a person unless it determines that the departmentis able to provide adequate and appropriate treatment for him or her and thetreatment is likely to be beneficial.
(e) A person committed under this section shall remain in thecustody of the department for treatment for a period of thirty (30) days unlesssooner discharged. At the end of the thirty (30) day period, he or she shall bedischarged automatically unless the department before the expiration of theperiod obtains a court order for his or her recommitment upon the grounds setforth in subsection (a) for a further period of ninety (90) days unless soonerdischarged. If a person has been committed because he or she is an alcoholiclikely to inflict physical harm on himself or herself or another, thedepartment shall apply for recommitment if after examination it is determinedthat the likelihood still exists.
(f) A person recommitted under subsection (a) who has notbeen discharged by the department before the end of the ninety (90) day periodshall be discharged at the expiration of that period unless the department,before the expiration of the period, obtains a court order on the grounds setforth in subsection (a) for recommitment for a further period not to exceedninety (90) days. If a person has been committed because he or she is analcoholic likely to inflict physical harm on himself or herself or another, thedepartment shall apply for recommitment if after examination it is determinedthat the likelihood still exists. Only two (2) recommitment orders undersubsection (e) and (f) shall be permitted.
(g) Upon the filing of a petition for recommitment undersubsection (e) or (f), the court shall fix a date for a hearing no later thanten (10) days after the date the petition was filed. A copy of the petition andof the notice of the hearing, including the date fixed by the court, shall beserved on the petitioner, the person whose commitment is sought, his or hernext-of-kin other than the petitioner, the original petitioner under subsection(a) if different from the petitioner for recommitment, one of his or herparents or his or her legal guardian if he or she is a minor, and any otherperson the court believes advisable. At the hearing the court shall proceed asprovided in subsection (c).
(h) The department shall provide for adequate and appropriatetreatment of a person committed to its custody. The department may transfer anyperson committed to its custody from one approved public treatment facility toanother if transfer is medically advisable.
(i) A person committed to the custody of the department fortreatment shall be discharged at any time before the end of the period forwhich he or she has been committed if either of the following conditions is met:
(1) In case of an alcoholic committed on the grounds oflikelihood of infliction of physical harm upon himself or herself or another,that he or she is no longer an alcoholic or the likelihood no longer exists; or
(2) In case of an alcoholic committed on the grounds of theneed of treatment, deterioration, inability to function, or the fact that he orshe is a danger to himself or herself, that the deterioration no longer exists,that he or she is no longer a danger to himself or herself, that he or she isable to function, that further treatment will not be likely to bring aboutsignificant improvement in the person's condition, or treatment is no longeradequate or appropriate.
(j) The court shall inform the person whose commitment orrecommitment is sought of his or her right to contest the application, berepresented by counsel at every stage of any proceedings relating to his or hercommitment and recommitment, and have counsel appointed by the court orprovided by the court if he or she wants the assistance of counsel and isunable to obtain counsel. If the court believes that the person needs theassistance of counsel, the court shall require, by appointment if necessary,counsel for him or her regardless of his or her wishes. The person whosecommitment or recommitment is sought shall be informed of his or her right tobe examined by a licensed physician of his or her choice. If the person isunable to obtain a licensed physician and requests examination by a physician,the court shall employ a licensed physician.
(k) If a private treatment facility agrees with the requestof a competent patient or his or her parent, sibling, adult child, or guardianto accept the patient for treatment, the administrator of the public treatmentfacility shall transfer him or her to the private treatment facility.
(l) A person committed under this chapter may at any timeseek to be discharged from commitment by writ of habeas corpus.
(m) Any aggrieved party may appeal to the superior court froma judgment of the district court by claiming the appeal in writing filed withthe clerk within forty-eight (48) hours, exclusive of Sundays and legalholidays, after the judgment is entered.
(2) All court actions shall be heard within fourteen (14)days after the appeal and shall have precedence on the calendar and shallcontinue to have precedence on the calendar on a day-to-day basis until thematter is heard.
