27A-10-14 Review hearing after involuntary commitment order--Notice--Rights and procedures.
Review hearing after involuntary commitment order--Notice--Rights and
Within ninety days after the involuntary commitment of a person who is still under the
commitment order, the county board of mental illness which serves the county in which the person
is receiving treatment shall conduct a review hearing in the county to determine if the person
continues to meet the criteria in § 27A-10-9.1. Notice of the review hearing shall be given to the
person, and the person's attorney if the person has retained counsel, at least ten days prior to the
hearing. If the person has not retained counsel at the time of the notice, the chair of the county board
shall immediately appoint counsel to represent the person.
At the time the notice of hearing is given, the person and the person's attorney shall be informed
of all evidence that will be considered at the review hearing. Any evidence subsequently discovered
shall be immediately transmitted to the person and the person's attorney. The rights and procedures
applicable during an initial commitment hearing are applicable to review hearings. A petition
pursuant to § 27A-10-1 need not be filed.
The board of mental illness may order the continued involuntary commitment of the person to
the same or an alternative placement or program for up to six months if a majority of the board finds
by clear and convincing evidence supported by written findings of fact and conclusions of law that
the criteria in § 27A-10-9.1 are met. If continued involuntary commitment is ordered, a review in
the manner provided in this section shall be conducted within six months after the order. If the
county board issues another order of continued involuntary commitment, the next review shall be
held within six months after the order. If the second six-month review justifies continued
commitment, the county board may order continued involuntary commitment for up to twelve
months. Subsequent reviews shall be conducted within each twelve months thereafter that the person
remains under commitment.
If the board orders the continued involuntary commitment of the person, the board shall
immediately notify the person and the person's attorney of the person's right to appeal pursuant to
If findings that justify continued commitment are not made, the board shall order that the person
be immediately discharged from involuntary commitment. Following discharge, the referring county
shall provide the person with transportation to the county where the person was taken into custody
if the person so chooses. The county ultimately shown to be the county of residence shall reimburse
the referring county for any transportation costs. No lien may be placed against the person for the
expense incurred in the transportation of this person.
Source: SL 1991, ch 220, § 126; SL 1994, ch 224; SL 1999, ch 143, § 5; SL 2000, ch 129, § 10.