US Lawyer Database

§ 41-21-76. Waiver of rights by respondent

The respondent in any involuntary commitment proceeding held pursuant to the provisions of sections 41-21-61 through 41-21-107 may make a knowing and intelligent waiver of his rights in such proceeding, provided that the waiver is made by his attorney with the informed consent of the respondent and with the approval of the court. The reasons […]

§ 41-21-77. Commitment to state hospital or Veterans Administration facility

If admission is ordered at a treatment facility, the sheriff, his or her deputy or any other person appointed or authorized by the court shall immediately deliver the respondent to the director of the appropriate facility. Neither the Board of Mental Health or its members, nor the Department of Mental Health or its related facilities, […]

§ 41-21-79. Payment of costs

The costs incidental to the court proceedings including, but not limited to, court costs, prehearing hospitalization costs, cost of transportation, reasonable physician’s, psychologist’s, nurse practitioner’s or physician assistant’s fees set by the court, and reasonable attorney’s fees set by the court, shall be paid out of the funds of the county of residence of the […]

§ 41-21-82. Report prior to termination of initial commitment or discharge

Prior to the termination of the initial commitment order, the director of the facility shall cause an impartial evaluation of the patient to be made in order to assess the extent to which the grounds for initial commitment persist, the patient continues to have mental illness, and alternatives to involuntary commitment are available. If the […]

§ 41-21-69. Examination by appointed examiners; presence of attorney

The appointed examiners shall immediately make a full inquiry into the condition of the person alleged to be in need of treatment and shall make a mental examination and physical evaluation of the person, and each examiner must make a report and certificate of the findings of all mental and acute physical problems to the […]

§ 41-21-70. Development of standards for training of psychiatrists and psychologists to perform mental examinations ordered under Section 99-13-11 and MRCrP 12; publication of list of psychiatrists and psychologists so trained

The Department of Mental Health shall develop standards for the training of psychiatrists and psychologists to perform mental examinations ordered under Section 99-13-11 and Rule 12 of the Rules of Criminal Procedure. The department shall provide training on the standards and maintain and publish a list of psychiatrists and psychologists who have completed training to […]

§ 41-21-71. Procedure after examination; release or confinement pending hearing

If, as a result of the examination, the appointed examiners certify that the person is not in need of treatment, the chancellor or clerk shall dismiss the affidavit without the need for a further hearing. If the chancellor or chancery clerk finds, based upon the appointed examiners’ certificates and any other relevant evidence, that the […]

§ 41-21-61. Definitions

As used in Sections 41-21-61 through 41-21-107, unless the context otherwise requires, the following terms defined have the meanings ascribed to them: “Appointed examiner” means a person appointed by the court under Section 41-21-67(2) to conduct a mental and physical examination of a person alleged to be in need of treatment. “Chancellor” means a chancellor […]