§ 40.1-5.3-7 - Hearing on petition.
SECTION 40.1-5.3-7
§ 40.1-5.3-7 Hearing on petition. –(a) Upon receipt of the petition and appropriate notice to the director, theattorney general and the person or his or her counsel, the court shall hold ahearing at which the parties may introduce evidence bearing on the mentalcondition of the person. The person who is the subject of the petition maytestify, confront witnesses, and present evidence.
(b) If the court finds by clear and convincing evidence thatthe person is mentally ill and requires specialized mental health care andpsychiatric inpatient services which cannot be provided in a correctionalfacility, the court may order the transfer of the prisoner from the adultcorrectional institutions, to be detained in the facility provided for in§ 40.1-5.3-1.