§ 20-64-821 - Initial hearing -- Determination -- Evaluation.
20-64-821. Initial hearing -- Determination -- Evaluation.
(a) In each case a hearing shall be set by the court within five (5) days, excluding weekends and holidays, of the filing of a petition for involuntary commitment, with a request for continued detention or for involuntary commitment with a request for immediate detention.
(b) The person named in the original petition may be removed from the presence of the court upon finding that his or her conduct before the court is so disruptive that proceedings cannot be reasonably continued with him or her present.
(c) The petitioner shall appear before the probate judge to substantiate the petition. The court shall make a determination based upon clear and convincing evidence that the standards for involuntary commitment apply to the person. If such a determination is made, the person shall be remanded to a designated agent of the Bureau of Alcohol and Drug Abuse Prevention or the designated receiving facility for treatment for a period of up to twenty-one (21) days.
(d) Every person remanded for treatment shall have an evaluation within forty-eight (48) hours of detention.
(e) A copy of the court order committing the person to the designated receiving facility for treatment shall be forwarded to the designated receiving facility within five (5) working days.