25-03.1-17. Involuntary treatment - Right to preliminary hearing.
306 words·~1 min read·
/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-17·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A respondent who is in custody under section 25-03.1-25 and who is alleged to be a
mentally ill person or to be a person who is both mentally ill and has a substance use
disorder is entitled to a preliminary hearing.
a. At the preliminary hearing the court shall review the medical report. During the
hearing the court shall allow the petitioner and the respondent an opportunity to
testify and to present and cross-examine witnesses, and the court may receive
the testimony of any other interested person. The court may receive evidence
that would otherwise be inadmissible at a treatment hearing.
b. At the conclusion of the hearing, if the court does not find probable cause to
believe the individual is a person requiring treatment, the court shall dismiss the
petition and order the respondent be discharged from the treatment facility if the
respondent was detained before the hearing.
2. If the court finds probable cause to believe the respondent is a person requiring
treatment, the court shall consider less restrictive alternatives to involuntary detention
and treatment.
a. The court may order the respondent to undergo up to fourteen days' treatment
under a less restrictive alternative or, if the court finds alternative treatment is not
in the best interests of the respondent or others, the court shall order the
respondent detained for up to fourteen days for involuntary treatment in a
treatment facility.
b. The court shall specifically state to the respondent and give written notice that if
involuntary treatment beyond the fourteen-day period is to be sought, the
respondent will have the right to a treatment hearing as required by this chapter.
3. Except for good cause, the court may not consider medical records relating to the
respondent, unless the petitioner and respondent receive the medical records at least
twenty-four hours before the hearing.