33-6-413. Notice of admission to general sessions court Notice of defendant's rights and status. [Amended effective January 1, 2010. See the Compilers Notes.]
[Amended effective January 1, 2010. See the Compilers Notes.]
(a) The chief officer, upon admission of the person, shall notify the judge of the general sessions court where the hospital or treatment resource is located, by telephone or in person, and shall provide the information from the certificates of need and such other information as the court may desire, that is in the possession of the hospital or treatment resource, bearing on the condition of the person. If the general sessions court finds that there is probable cause to believe that the defendant is subject to admission to a hospital or treatment resource under § 33-6-403, the court may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays and holidays, for emergency diagnosis, evaluation and treatment pending a probable cause hearing under § 33-6-422. If the court does not order the defendant admitted, the defendant shall be released. [Effective January 1, 2010. See the Compilers Notes.]
(b) The court shall cause a notice containing the information described in this subsection (b) to be mailed to the defendant, the defendant's attorney, the chief officer of the hospital or treatment resource and the parent, legal guardian, conservator, spouse or adult next of kin of the defendant. The notice shall contain the following information:
(1) The time and place of the probable cause hearing;
(2) The defendant's rights, including, but not limited to, right to counsel, right to waive a hearing, right to confront and cross-examine witnesses, and right to be protected from compelled self-incrimination;
(3) The status of the defendant if judicially committed, including, but not limited to:
(A) The person's prohibition against purchasing a firearm under § 39-17-1316;
(B) The person's prohibition against obtaining a handgun carry permit under § 39-17-1351; and
(C) The suspension or revocation of a handgun carry permit under § 39-17-1352 once judicially committed to a hospital or treatment resource pursuant to this title;
(4) The person's right to appeal the prohibition against purchasing a firearm pursuant to § 39-17-1316; and
(5) The person's right to appeal the denial of a handgun carry permit pursuant to §§ 39-17-1352, 39-17-1353, and 39-17-1354.
33-6-413. Notice of admission to general sessions court Notice of defendant's rights and status. [Amended effective January 1, 2010. See the Compilers Notes.]
[Amended effective January 1, 2010. See the Compilers Notes.]
(a) The chief officer, upon admission of the person, shall notify the judge of the general sessions court where the hospital or treatment resource is located, by telephone or in person, and shall provide the information from the certificates of need and such other information as the court may desire, that is in the possession of the hospital or treatment resource, bearing on the condition of the person. If the general sessions court finds that there is probable cause to believe that the defendant is subject to admission to a hospital or treatment resource under § 33-6-403, the court may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays and holidays, for emergency diagnosis, evaluation and treatment pending a probable cause hearing under § 33-6-422. If the court does not order the defendant admitted, the defendant shall be released. [Effective January 1, 2010. See the Compilers Notes.]
(b) The court shall cause a notice containing the information described in this subsection (b) to be mailed to the defendant, the defendant's attorney, the chief officer of the hospital or treatment resource and the parent, legal guardian, conservator, spouse or adult next of kin of the defendant. The notice shall contain the following information:
(1) The time and place of the probable cause hearing;
(2) The defendant's rights, including, but not limited to, right to counsel, right to waive a hearing, right to confront and cross-examine witnesses, and right to be protected from compelled self-incrimination;
(3) The status of the defendant if judicially committed, including, but not limited to:
(A) The person's prohibition against purchasing a firearm under § 39-17-1316;
(B) The person's prohibition against obtaining a handgun carry permit under § 39-17-1351; and
(C) The suspension or revocation of a handgun carry permit under § 39-17-1352 once judicially committed to a hospital or treatment resource pursuant to this title;
(4) The person's right to appeal the prohibition against purchasing a firearm pursuant to § 39-17-1316; and
(5) The person's right to appeal the denial of a handgun carry permit pursuant to §§ 39-17-1352, 39-17-1353, and 39-17-1354.
33-6-413. Notice of admission to general sessions court Notice of defendant's rights and status. [Amended effective January 1, 2010. See the Compilers Notes.]
[Amended effective January 1, 2010. See the Compilers Notes.]
(a) The chief officer, upon admission of the person, shall notify the judge of the general sessions court where the hospital or treatment resource is located, by telephone or in person, and shall provide the information from the certificates of need and such other information as the court may desire, that is in the possession of the hospital or treatment resource, bearing on the condition of the person. If the general sessions court finds that there is probable cause to believe that the defendant is subject to admission to a hospital or treatment resource under § 33-6-403, the court may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays and holidays, for emergency diagnosis, evaluation and treatment pending a probable cause hearing under § 33-6-422. If the court does not order the defendant admitted, the defendant shall be released. [Effective January 1, 2010. See the Compilers Notes.]
(b) The court shall cause a notice containing the information described in this subsection (b) to be mailed to the defendant, the defendant's attorney, the chief officer of the hospital or treatment resource and the parent, legal guardian, conservator, spouse or adult next of kin of the defendant. The notice shall contain the following information:
(1) The time and place of the probable cause hearing;
(2) The defendant's rights, including, but not limited to, right to counsel, right to waive a hearing, right to confront and cross-examine witnesses, and right to be protected from compelled self-incrimination;
(3) The status of the defendant if judicially committed, including, but not limited to:
(A) The person's prohibition against purchasing a firearm under § 39-17-1316;
(B) The person's prohibition against obtaining a handgun carry permit under § 39-17-1351; and
(C) The suspension or revocation of a handgun carry permit under § 39-17-1352 once judicially committed to a hospital or treatment resource pursuant to this title;
(4) The person's right to appeal the prohibition against purchasing a firearm pursuant to § 39-17-1316; and
(5) The person's right to appeal the denial of a handgun carry permit pursuant to §§ 39-17-1352, 39-17-1353, and 39-17-1354.
