LD 1941
pg. 12
Page 11 of 15 An Act Regarding Involuntary Commitment for Substance Abuse Page 13 of 15
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LR 1459
Item 1

 
A.__The District Court shall hold a hearing on the
application not later than 15 days from the date of the
application, except that on a motion by any party the
hearing may be continued for a period not to exceed 10
additional days. If the hearing is not held within the time
specified, or within the specified continuance period, the
court shall dismiss the application and order the person
discharged. In computing the time periods set forth in this
paragraph, the District Court Civil Rules apply.

 
B.__The hearing must be conducted in as informal a manner as
possible to be consistent with orderly procedure and in a
physical setting not likely to have harmful effect on the
health of the person.

 
C.__The court must receive all relevant and material
evidence that may be offered in accordance with accepted
rules of evidence and accepted judicial dispositions. The
person, the applicant and all other persons to whom notice
is required to be sent must be afforded an opportunity to
appear at the hearing to testify and to present and cross-
examine witnesses. The court may in its discretion receive
the testimony of any other person and may subpoena any
witness.

 
D.__The person must be afforded an opportunity to be
represented by counsel and, if the person or the person's
guardian, parent, spouse or next of kin does not provide
counsel, the court shall appoint counsel for the person.

 
E.__In addition to proving that the person is a chemically
dependent person who is incapacitated, the applicant shall
demonstrate:

 
(1)__By evidence of the patient's actions and behavior,
that the person is incapacitated; and

 
(2)__That, after full consideration of less restrictive
treatment settings and modalities, inpatient treatment
is the best available means for the treatment of the
person.

 
F.__The applicant shall submit to the court, at the time of
the hearing, testimony indicating the individual treatment
plan to be followed by the approved treatment facility
staff, if the person is admitted under this section, and
shall bear any expense for witnesses for this purpose.

 
G.__A stenographic or electronic record must be made of the
proceedings in all involuntary treatment hearings conducted


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