LD 1941
pg. 11
Page 10 of 15 An Act Regarding Involuntary Commitment for Substance Abuse Page 12 of 15
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LR 1459
Item 1

 
A.__Upon receipt by the District Court of the application
and accompanying documents required in subsection 1, the
court shall cause written notice of the application:

 
(1) To be given personally or by mail to the person
within a reasonable time before the hearing, but not
less than 3 days before the hearing; and

 
(2) To be mailed to the person's guardian, if known,
and to the person's spouse, parent or next of kin,
unless these persons do not exist or if none of them
can be located.

 
B.__A docket entry is sufficient evidence that notice has
been provided as required in paragraph A.

 
4.__Examination.__An examination under this section is
governed by the following.

 
A.__Upon receipt by the District Court of the application
and the accompanying documents required in subsection 1, the
court shall immediately order the person to be examined as
follows.

 
(1)__The examination must be conducted by 2 examiners,
each of whom must be a licensed physician.

 
(2)__One of the examiners must be a physician chosen by
the person or by the person's counsel, if the chosen
physician is reasonably available.

 
(3)__An examiner appointed by the court may not be the
physician who conducted the certifying examination
under section 20045-B, subsection 2 or 7.

 
B.__The examination must be held at a hospital or at any
other suitable place not likely to have a harmful effect on
the health of the person.

 
C.__If the report of the examiners is that the person is not
a chemically dependent person who is incapacitated, the
application must be ordered discharged.

 
D.__If the report of the examiners is that the person is a
chemically dependent person who is incapacitated, a hearing
must be held pursuant to subsection 5 on the date or on the
continued date that the court has set for the hearing.

 
5.__Hearings.__A hearing is governed by the following.


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