§ 21-28.2-3 - Admission of narcotic addict on civil certification.
SECTION 21-28.2-3
§ 21-28.2-3 Admission of narcotic addicton civil certification. – A justice of the family court or a judge of the district court may certify anarcotic addict to the care and custody of the department in the followingmanner:
(1) Except as provided in this section, whenever any narcoticaddict desires to obtain treatment for his or her addiction, whenever a relatedindividual has reason to believe that any person is a narcotic addict, orwhenever the director of health has reason to believe that any person is anarcotic addict, the addict, related individual, or director of health mayapply for an order certifying that person to the care and custody of thedepartment by presenting a verified petition setting forth knowledge,information, or belief that the person is a narcotic addict, together with astatement of the facts upon which that knowledge, information, or belief isbased. When the petition is presented, the court may examine the petitioner, orany witness, under oath and shall determine whether there are reasonablegrounds to believe that the person in whose behalf the application is made is anarcotic addict. If the court determines that there are reasonable grounds tobelieve that the person is a narcotic addict, and if the person is not also thepetitioner, it shall issue an order in accordance with subdivision (2) of thissection; provided, that if the court determines that the person would notcomply with the order the court shall issue, in lieu of an order, a warrant inaccordance with subdivision (3) of this section. When the alleged addict is thepetitioner and the court determines that there are reasonable grounds tobelieve that the person is a narcotic addict, the court shall immediatelyproceed in accordance with subdivision (4) of this section. The state shall bea party in all proceedings pursuant to this section and shall act on therelation of the petitioner. The attorney general shall represent the state.
(2) An order issued pursuant to this section shall direct thealleged narcotic addict to appear at a specified time before the court for adetermination whether there are reasonable grounds to order that person toundergo a medical examination at a facility or by two (2) physicians designatedby the director. The court shall direct that the order and petition be servedupon the alleged narcotic addict personally or by registered mail and the courtmay direct that the order and petition be served personally or by mail upon thehusband or wife, father or mother, or next of kin of the alleged narcoticaddict.
(3) A warrant issued pursuant to this section shall bedirected to any police officer in the state commanding the officer: (i) to takethe alleged narcotic addict into custody, and (ii) to immediately bring thealleged narcotic addict before the court for a determination whether there arereasonable grounds to order him or her to undergo a medical examination at afacility designated by the department. If the court is not then in session, thealleged narcotic addict may be held at a facility designated by the departmentor at any other detention facility until the court is in session. In this case,the head of the facility or a duly appointed representative shall advise thealleged addict of the nature of the proceeding, the reason for his or herdetention, and that he or she will appear before a judge at the next courtsession in connection with the allegation that he or she is a narcotic addict.This person shall also inform the alleged addict that he or she has the rightto the aid of counsel at every stage of the proceedings, and that if the persondesires the aid of counsel and is financially unable to obtain counsel, counselshall be assigned by the court, and that he or she is entitled to communicatefree of charge, by telephone or letter, in order to obtain counsel and in orderto inform a relative or friend of the proceeding. The warrant may be executedon any day including Saturdays, Sundays, and holidays and the alleged narcoticaddict shall not be subjected to any more restraint than is necessary for thepurposes specified in the warrant. The police officer shall exhibit the warrantto the alleged narcotic addict, and inform the alleged addict of the purposefor which he or she is being taken into custody. The officer shall not breakopen any outer or inner door or window of a building, or any part of thebuilding, or anything in a building, to execute the warrant unless, if afternotice of the officer's authority and purpose, he or she is refused admittance.The warrant must be executed within thirty (30) days after its date and if notexecuted shall be void.
(4) Upon the appearance of the alleged narcotic addict thecourt shall provide the alleged addict with a copy of any paper not yet servedupon him or her and shall explain that, if the court finds reasonable groundsto believe that the person is a narcotic addict, it shall order him or her toundergo a medical examination at a facility or by two (2) physicians designatedby the department. The court shall then advise the alleged narcotic addict thatif the medical examination is ordered the alleged addict shall appear beforethe court after the examination as provided in paragraph (5)(i) of thissection, and, if the petition and the report of the medical examination setforth reasonable grounds to believe that the person is a narcotic addict, he orshe may after this be certified to the care and custody of the department foran indefinite period not exceeding three (3) years and that he or she shallhave a right to a hearing prior to the certification. If the alleged narcoticaddict appears without counsel, the court shall advise the person that he orshe has the right to the aid of counsel at every stage of the proceedings, andthat if he or she desires the aid of counsel and is financially unable toobtain counsel, then counsel shall be assigned. The court shall allow thealleged narcotic addict a reasonable time to send for counsel and shall adjournthe proceedings for that purpose. The court shall inform the alleged addict, ifthe person is being held in custody, that he or she is entitled to communicatefree of charge, by letter or telephone, in order to obtain counsel and in orderto inform a relative or friend of the proceeding. If the alleged narcoticaddict does not desire the aid of counsel the court must determine that theperson waived counsel having knowledge of the significance of his or her act.If the court is not satisfied that the alleged narcotic addict knows thesignificance of his or her act in waiving counsel, the court shall assigncounsel.
(5) If the court, after the appearance of the alleged addict,is satisfied that there are reasonable grounds to believe that the person is anarcotic addict it shall issue an order directing the person to appear on aspecified date and place for a medical examination in accordance with §21-28.2-4. A copy of this order shall be given to the person and a copy of theorder and of any order or warrant issued in accordance with subdivisions (2),(3), or (6) of this section shall be furnished to the department.
(ii) If the court has reason to believe that the person willfail to appear for the medical examination, the order shall make provisioncommanding any police officer of the state to immediately take the person intocustody and deliver him or her to the place specified for the medicalexamination.
(iii) Any order issued pursuant to this subdivision shalldirect the person to appear before the court within seven (7) days, exclusiveof Saturdays, Sundays, and holidays, after the person's admission for themedical examination.
(6) If the alleged narcotic addict fails to appear asdirected by an order pursuant to this section, and the court is satisfied thattimely service has been made or that service cannot be effected with duediligence, it may issue a warrant directed to any police officer in the statecommanding the officer: (i) to take the alleged narcotic addict into custody,and (ii) to immediately bring the alleged addict to a specified place for aspecific purpose, which shall be the place and purpose specified in the order.If the warrant commands the officer to bring the alleged addict to court andthe court is not then in session, the alleged addict may be held at a facilitydesignated by the department or at any other detention facility until the courtis in session. The warrant shall be executed in the same manner and subject tothe same restrictions as provided in subdivision (3) of this section.