631.145. Hearing for continued detention, procedure--patient's rights relating thereto.
Hearing for continued detention, procedure--patient's rights relatingthereto.
631.145. 1. The petition for thirty-day involuntary detention,treatment, and rehabilitation shall be filed with the probate division ofthe circuit court. At the time of filing the petition, the court clerkshall set a date and time for the hearing which shall take place within twojudicial days of the filing of the petition. The clerk shall promptlynotify the respondent, his attorney, the petitioner and the petitioner'sattorney of the date and time for the hearing. The court shall not grantcontinuances except upon a showing of good and sufficient cause. If acontinuance is granted, the court, in its discretion, may order the personreleased pending the hearing upon conditions prescribed by the court. Thecourt may order the continued detention, treatment, and rehabilitation ofthe person at an alcohol or drug abuse facility pending the continuedhearing, and a copy of such order shall be furnished to the facility.
2. The hearing shall be conducted in as informal a manner as may beconsistent with orderly procedure and in a physical setting not likely tohave a harmful effect on the respondent. In addition to all rightsspecified elsewhere, the respondent shall have the right to:
(1) Be represented by an attorney;
(2) Present evidence on his own behalf;
(3) Cross-examine witnesses who testify on behalf of the petitioner;
(4) Remain silent;
(5) View and copy all petitions and reports in the court file of hiscase;
(6) Have the hearing open or closed to the public as he elects;
(7) Have the hearing conducted according to the rules of evidenceapplicable to civil judicial proceedings.
3. The respondent shall be present at the hearing unless he refusesto be present, his physical condition is such that he cannot be present inthe courtroom, or the court determines that the respondent's conduct in thecourtroom is so disruptive that the proceedings cannot reasonably continuewith him present.
4. At the conclusion of the hearing, if the court finds, based uponclear and convincing evidence, that the respondent, as the result ofalcohol or drug abuse, or both, presents a likelihood of serious harm tohimself or to others, the court shall order that the respondent be detainedfor involuntary treatment and rehabilitation in the least restrictiveenvironment for a period not to exceed thirty days.
(L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841)