LD 1941
pg. 13
Page 12 of 15 An Act Regarding Involuntary Commitment for Substance Abuse Page 14 of 15
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LR 1459
Item 1

 
under this section. The record and all notes, exhibits and
other evidence are confidential and must be retained as part
of the District Court records for a period of 2 years from the
date of the hearing.

 
H.__The hearing is confidential and a report of the
proceedings may not be released to the public or press,
except by permission of the person or the person's counsel
and with approval of the presiding District Court Judge,
except that the court may order a public hearing on the
request of the person or the person's counsel.

 
6.__Court findings.__The District Court's findings under this
section must be made in accordance with the following.

 
A.__The District Court shall state in the record, if the
court finds upon completion of the hearing and consideration
of the record, that:

 
(1)__Clear and convincing evidence of the person's
recent actions and behavior demonstrates that the
person is a chemically dependent person who is
incapacitated;

 
(2)__That inpatient treatment is the best available
means for treatment of the person; and

 
(3)__That the court is satisfied with the individual
treatment plan offered by the approved treatment
facility.

 
B.__If the District Court makes the findings described in
paragraph A, subparagraphs (1) and (2), but is not satisfied
with the individual treatment plan as offered, the court may
continue the case for not longer than 10 days, pending
reconsideration and resubmission of an individual treatment
plan by the approved treatment facility.

 
7.__Continued involuntary treatment.__Upon making the findings
described in subsection 6, the court may order continued
involuntary inpatient treatment of the person in any approved
treatment facility for a period not to exceed 60 days under the
first order and not to exceed 60 days for each subsequent
hearing. Consecutive commitments for involuntary treatment may
not exceed one year in total. If the administrator of the
approved treatment facility, approved detoxification facility or
approved extended residential care facility, or the admitting
physician of those facilities determines that continued
involuntary treatment beyond the first 60 days is necessary for a
person who has been ordered by the District Court to receive such


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