59-29b66. Order for treatment; dismissal.
59-29b66
59-29b66. Order for treatment; dismissal.(a) Upon the completion of the trial, if the court or juryfindsby clear and convincing evidence that the proposed patient is aperson with an alcohol or substance abuse problem subject toinvoluntary commitment for care and treatment under this act, thecourt shall order treatment for such person for a specifiedperiod of time not to exceed three months from the date of the trialat a treatment facility.Whenever an involuntary patient is ordered to receive treatment, the clerkof the district court shall send a copy of the order to the Kansas bureau ofinvestigation within five days after receipt of the order. The Kansas bureau ofinvestigation shall immediately enter the order into the national criminalinformation center and other appropriate databases.An order for treatment in a treatmentfacility shall be conditioned upon the consent of the head ofthat treatment facility to accepting the patient. In the eventno appropriate treatment facility has agreed to provide treatmentfor the patient, then the secretary of social and rehabilitationservices shall be given responsibility for providing or securingtreatment for the patient.
(b) A copy of the order for treatment shall be provided tothe head of the treatment facility.
(c) When the court orders treatment, it shall retainjurisdiction to modify, change or terminate such order, unlessvenue has been changed pursuant to K.S.A. 59-29b71 and amendmentsthereto and thenthe receiving court shall havecontinuing jurisdiction.
(d) If the court finds from the evidence that the proposedpatient has not been shown to be a person with an alcohol orsubstance abuse problem subject to involuntary commitment forcare and treatment under this act, the court shall release theperson and terminate the proceedings.
History: L. 1998, ch. 134, § 22;L. 2006, ch. 210, § 20; July 1, 2007.