§27-6A-3. Competency of Defendant to Stand Trial Determination; Preliminary Finding; Hearing; Evidence; Disposition
(a) Within five days of the receipt of the qualified forensic evaluators report and opinion on the issue of competency to stand trial, the court of record shall make a preliminary determination on the issue of whether the defendant is competent to stand trial. If the court of record finds that the defendant is not […]
§27-6A-4. Criminal Responsibility or Diminished Capacity Evaluation; Court Jurisdiction Over Persons Found Not Guilty by Reason of Mental Illness
(a) If the court of record finds, upon hearing evidence or representations of counsel for the defendant, that there is probable cause to believe that the defendants criminal responsibility or diminished capacity will be a significant factor in his or her defense, the court shall appoint a qualified forensic evaluator to conduct a forensic evaluation […]
§27-5-5. Judicial Review
Any individual adversely affected by any order of commitment entered by the circuit court under this article may seek review thereof by appeal to the state Supreme Court of Appeals and jurisdiction is hereby conferred upon such court to hear and entertain such appeals upon application made therefor in the manner and within the time […]
§27-5-7. Hospitalization by Agency of the United States
If an individual ordered to be hospitalized pursuant to section four of this article is eligible for hospital care or treatment by any agency of the United States, then, upon receipt of a certificate from such agency showing that facilities are available and that the individual is eligible for care or treatment therein, the circuit […]
§27-5-9. Rights of Patients
(a) No person may be deprived of any civil right solely by reason of his or her receipt of services for mental illness, intellectual disability or addiction, nor does the receipt of the services modify or vary any civil right of the person, including, but not limited to, civil service status and appointment, the right […]
§27-5-10. Transportation for the Mentally Ill or Persons With Substance Use Disorder
(a) Whenever transportation of an individual is required under the provisions of 27-4-1 et seq. and 27-5-1 et seq. of this code, the sheriff shall provide immediate transportation to or from the appropriate mental health facility or state hospital as described in 27-5-19(d) of this code: Provided, That, where hospitalization occurs pursuant to 27-4-1 et […]
§27-5-11. Modified Procedures for Temporary Compliance Orders for Certain Medication Dependent Persons With Prior Hospitalizations or Convictions; Instituting Modified Mental Hygiene Procedures; Establishing Procedures; Providing for Forms and Reports
(a) The Supreme Court of Appeals shall, in consultation with the Secretary of the Department of Health and Human Resources and local mental health services consumers and providers, implement throughout the state modified mental hygiene procedures that are consistent with the requirements set forth in this section. The judicial circuits selected for implementing the modified […]
§27-5-3. Admission Under Involuntary Hospitalization for Examination; Hearing; Release
(a) Admission to a mental health facility for examination. An individual shall be admitted to a mental health facility for examination and treatment upon entry of an order finding probable cause as provided in 27-5-2 of this code. Upon certification by a physician, psychologist, licensed professional counselor, licensed independent clinical social worker practicing in compliance […]
§27-5-3a. Legal Effect of Commitment After Determined Not to Be Based on Mental Illness or Addiction
(a) In the event that a person is involuntarily hospitalized, and it is determined after the entry of the order that the behavior which led to the entry of the order of involuntary hospitalization was caused by a physical condition or disorder rather than mental illness or addiction, the hospitalization shall not serve to make […]
§27-5-4. Institution of Final Commitment Proceedings; Hearing Requirements; Release
(a) Involuntary commitment. Except as provided in 27-5-2 and 27-5-3 of this code, no individual may be involuntarily committed to a mental health facility or state hospital except by order entered of record at any time by the circuit court of the county in which the person resides or was found, or if the individual […]