§ 21-28.2-7 - Application for hearing or jury trial.
SECTION 21-28.2-7
§ 21-28.2-7 Application for hearing orjury trial. – Upon demand by the alleged narcotic addict or anyone on his or her behalf, thecourt shall, or it may upon its own motion, issue an order directing thehearing of the application before the court unless the alleged addict requestsa hearing before a jury. If the proceeding is in the district court, uponrequest, the matter shall be transferred to the superior court for the hearingand determination. The order shall be served upon the parties interested in theapplication and upon any other person that the court, in its discretion, mayname. If the alleged addict elects a hearing before the court, he or she shallnot be entitled to a jury trial. If a jury is requested, it shall be held inaccordance with the rules of the superior court. At the time and placedesignated for the hearing by the appropriate court, it and the jury, ifrequested, shall proceed to hear the testimony introduced for and against theapplication, and the alleged narcotic addict may be examined, if deemedadvisable. The court may issue subpoenas for attendance of witnesses at thehearing or trial and the alleged narcotic addict shall have the right to havesubpoenas issued for this purpose. At the hearing or trial the alleged narcoticaddict shall have the right to be represented by counsel, to present witnesseson his or her behalf, and to cross-examine witnesses. For purposes of thissection, in a proceeding in which the alleged addict's spouse is thepetitioner, no communication made by the alleged addict to the spouse shall bedeemed confidential within the provision of the general laws relating toconfidential communications between husband and wife. If, from the factsascertained upon the hearing, the proofs produced, the petition, and the reportof the medical examination, the jury or, if there is no jury, the court, shalldetermine that the person is a narcotic addict, the court shall immediatelyissue an order certifying that person to the care and custody of the departmentfor the period provided in § 21-28.2-8, provided that facilities areavailable.