US Lawyer Database

§ 20-64-828. Presumption of competency

No person admitted voluntarily or committed involuntarily to a receiving facility or program under this subchapter shall be considered incompetent per se by virtue of the admission or commitment.

§ 20-64-829. False statements — Penalty

Any person willfully making false statements on a petition for involuntary commitment, petition for involuntary commitment with request for continued detention, or petition for involuntary commitment with request for immediate detention, or who willfully makes false statements for the purpose of inducing another to bring such a petition, knowing the statements to be false, or […]

§ 20-64-830. Liability for treatment — Rules

(a) (1) Any person legally obligated to support a person in treatment from a receiving facility or program shall pay to the receiving facility or program an amount to be fixed by the receiving facility or program as the cost for treatment. (2) The amounts shall be a debt of the obligor. (b) (1) The […]

§ 20-64-820. Appointment of counsel

(a) If it appears to the court that a person sought to be committed is in need of counsel, counsel shall be appointed immediately upon filing of the petition. Whenever legal counsel is appointed by the court, such court shall determine the amount of the fee, if any, to be paid the attorney so appointed […]

§ 20-64-821. Initial hearing — Determination — Evaluation

(a) In each case a hearing shall be set by the court within five (5) days, excluding weekends and holidays, of the filing of a petition for involuntary commitment, with a request for continued detention or for involuntary commitment with a request for immediate detention. (b) (1) (A) A person named in a petition for […]

§ 20-64-823. Filing of petition — Legal representation

The petition may be filed by the local prosecuting attorney, an attorney representing the petitioner, or pro se. The county shall establish an indigency fund to permit the petitioner to request a court-appointed attorney by filing an affidavit of indigency. The attorney may be allowed a fee of up to one hundred fifty dollars ($150). […]

§ 20-64-824. Additional commitment

(a) An additional forty-five-day commitment order may be requested if in the opinion of the treatment staff a person remains suicidal, homicidal, or gravely disabled. (b) (1) (A) Any request for periods of additional commitment pursuant to this section shall be made by a petition verified by the receiving facility or program treatment staff. (B) […]

§ 20-64-825. Voluntary status

(a) At any time during detention, the person may be converted to voluntary status if the person’s certified substance abuse counselor files a written statement of consent with the court. The court shall dismiss the petition immediately upon the filing of said statement. (b) If, upon evaluation, the certified substance abuse counselor determines that the […]

§ 20-64-826. Early release

(a) If any person is released from detention before the expiration of the period of commitment, the court may condition the release upon the person’s compliance with outpatient treatment for the time not to exceed the duration of the commitment order and at the receiving facility or program as may be specified by the court. […]