§ 21-28.2-1. Definitions. Unless the context otherwise requires, the following terms shall be construed in this chapter to have the following meanings: (1) “Department” means the department of health. (2) “Director” means the director of the department of health. (3) “Narcotic addict” means a person who is at the time of examination dependent upon opium, […]
§ 21-28.2-10. Writ of habeas corpus — Discharge. If a writ of habeas corpus is obtained in behalf of a person certified to the department, and it appears at the hearing on the return to the writ that the person may properly be discharged, the judge or justice before whom the hearing is had shall […]
§ 21-28.2-11. Detention — Pending hearings. The court may, in an appropriate case, direct the detention of an alleged narcotic addict in any detention facility designated by the department on pending proceedings pursuant to this chapter. History of Section.P.L. 1970, ch. 163, § 1.
§ 21-28.2-12. Retention, supervision, and transfer. The department may retain any narcotic addict certified to its care and custody in a rehabilitation center or other facility designated by the department, or under any form of supervision it may deem appropriate, or may assign or transfer the narcotic addict to the facilities or supervision of any […]
§ 21-28.2-13. Preservation of rights. The certification of a narcotic addict to the care and custody of the department pursuant to §§ 21-28.2-3 — 21-28.2-11, or the transfer of the narcotic addict pursuant to § 21-28.2-12, shall not forfeit or abridge any of the rights of the narcotic addict as a citizen of the United […]
§ 21-28.2-14. Proceedings with respect to juveniles. Nothing in this chapter shall deprive any narcotic addict of the right to the jurisdiction of the family court, provided that if the family court in accordance with the procedures as set out in this chapter determines that any person is a narcotic addict the court shall certify […]
§ 21-28.2-14.1. Appeals. A party aggrieved by a final order of a court entered in a proceeding brought under this chapter may appeal that order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court. History of Section.P.L. 1976, ch. 140, § 5.
§ 21-28.2-15. Chapter inapplicable in criminal cases. The provisions of this chapter shall not be applicable with respect to any person against whom there is pending a criminal charge, whether by indictment or by information, which has not been fully determined or who is on probation or whose sentence following conviction on that charge, including […]
§ 21-28.2-16. Department’s consent to certification. Notwithstanding the provisions of this chapter, no narcotic addict shall be certified to the care and custody of the department unless the department consents to the certification and facilities are available. History of Section.P.L. 1970, ch. 163, § 1.
§ 21-28.2-17. Care, custody, and supervision of narcotic addicts. (a) The department shall establish regulations and standards for custody, release, aftercare, and aftercare supervision of narcotic addicts who have been certified to its care and custody pursuant to any provision of this chapter. (b) A person who has been certified to the care and custody […]
§ 21-28.2-18. Discharge of certified narcotic addicts. Any other provisions of this article notwithstanding, a narcotic addict certified to the care and custody of the department may be discharged from that care and custody in order to serve another certification, commitment, or sentence, provided the period of the other certification, commitment, or sentence is likely […]
§ 21-28.2-19. Aftercare — Supervision of certain narcotic addicts. The department shall establish and conduct programs of care and supervision for narcotic addicts into which narcotic addicts who have completed a prescribed course of inpatient treatment may be placed upon the department’s determination that the narcotic addict will benefit by supervision and aftercare treatment. The […]
§ 21-28.2-2. Rules and regulations. The department shall make any rules and regulations respecting the care and treatment of patients and persons referred to the department’s care and the management of the department’s affairs as are deemed necessary to carry out the expressed purposes of this chapter. History of Section.P.L. 1970, ch. 163, § 1.
§ 21-28.2-20. Approval of rehabilitation facilities and service. (a) No narcotic addict certified to the care and custody of the department shall be assigned or transferred to or retained by any person, association, or corporation operating a facility for the care, treatment, or rehabilitation of narcotic addicts, or providing organized services for the treatment, care, […]
§ 21-28.2-21. Annual appropriation. The general assembly shall annually appropriate a sum that it may deem necessary to carry out the purposes of this chapter. History of Section.P.L. 1970, ch. 163, § 1.
§ 21-28.2-22. Severability. The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions. History of Section.P.L. 1970, ch. 163, § 1.
§ 21-28.2-3. Admission of narcotic addict on civil certification. A justice of the family court or a judge of the district court may certify a narcotic addict to the care and custody of the department in the following manner: (1) Except as provided in this section, whenever any narcotic addict desires to obtain treatment for […]
§ 21-28.2-4. Medical examination. The department shall designate facilities and physicians and establish procedures for the conduct of medical examinations pursuant to this chapter. In all these cases the department shall designate two (2) qualified physicians to examine the patient. The department shall provide for the use of accepted medical procedures, tests, and treatment, which […]
§ 21-28.2-5. Determination of narcotic addiction. The court shall promptly advise the alleged narcotic addict that the petition and the report of the medical examination set forth reasonable grounds to believe that the person is a narcotic addict, shall give him or her a copy of the report, and explain that if the court finds […]
§ 21-28.2-6. No application for hearing or jury trial. When no application is made for a hearing before the court or a jury trial by or on behalf of the alleged narcotic addict, the court shall, if satisfied that the person is a narcotic addict, immediately issue an order certifying the person to the care […]
