LD 1941
pg. 10
Page 9 of 15 An Act Regarding Involuntary Commitment for Substance Abuse Page 11 of 15
Download Bill Text
LR 1459
Item 1

 
(2) It is the physician's opinion that the patient is a
chemically dependent person who is incapacitated such
that there is an immediate risk of serious harm to that
person;

 
D. A written statement signed by the administrator of the
approved treatment facility certifying that:

 
(1)__A copy of the application and the accompanying
documents have been given personally to the person and
if the person consents to the person's next of kin or
guardian;

 
(2)__The person and the person's next of kin or
guardian have been notified of the person's right to
retain an attorney or have an attorney appointed or the
person's right to select or name the person's attorney;

 
(3)__The person and the person's guardian, parent,
spouse or next of kin have been notified of the
person's right to select an independent examiner; and

 
(4)__The person and the person's guardian, parent,
spouse or next of kin have been given instructions on
how to contact the District Court; and

 
E.__A copy of the notice and instructions given to the
person or the person's next of kin or guardian.

 
2.__Commitment pending judicial determination.__
Notwithstanding any other provisions of this subchapter, a
person, with respect to whom proceedings for judicial commitment
have been commenced, may not be voluntarily released or
discharged during the pendency of the proceedings, unless:

 
A.__The District Court orders release or discharge upon the
application of the person or the person's guardian, parent,
spouse or next of kin;

 
B.__The District Court orders release or discharge upon the
report of the administrator of the approved treatment
facility that the person may be discharged safely; or

 
C.__A court orders release or discharge upon a writ of
habeas corpus pursuant to section 20045-C.

 
3.__Notice of receipt of application.__Notice of the receipt
of an application for continued involuntary treatment under this
section must be provided in accordance with the following.


Page 9 of 15 Top of Page Page 11 of 15