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Below is a cache of http://www.legis.nd.gov/assembly/58-2003/bill-text/DAEG0300.pdf. It's a snapshot of the page taken as our search engine crawled the Web.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. Fifty-eighth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2003 Fifty-eighth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2003 SENATE BILL NO. 2045 (Legislative Council) (Judiciary A Committee) AN ACT to amend and reenact sections 25-03.1-11 and 25-03.1-19 and subsection 2 of section 25-03.1-26 of the North Dakota Century Code, relating to involuntary treatment and commitment
procedures. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 25-03.1-11 of the North Dakota Century Code is amended and reenacted as follows: 25-03.1-11. Involuntary treatment - Examination - Report. 1. The respondent must be examined within a reasonable time by an expert examiner as
ordered by the court. If the respondent is taken into custody under the emergency treatment provisions of this chapter, the examination must be conducted within twenty-four
hours, exclusive of holidays, of custody. Any expert examiner conducting an examination
under this section may consult with or request participation in the examination by any
qualified mental health professional and may include with the written examination report
any findings or observations by that mental health professional. This examination report,
and that of the independent examiner, if one has been requested, must be filed with the
court. The report must contain: 1. a. Evaluations of the respondent's physical condition and mental status. 2. b. A conclusion as to whether the respondent is a person requiring treatment, with a
clear explanation of how that conclusion was derived from the evaluation. 3. c. If the report concludes that the respondent is a person requiring treatment, a list of
available forms of care and treatment that may serve as alternatives to involuntary
hospitalization. 4. d. The signature of the examiner who prepared the report. 2. If the expert examiner concludes that the respondent is not a person requiring treatment,
the court may without taking any other additional action terminate the proceedings and
dismiss the petition. If the expert examiner concludes that the respondent is a person
requiring treatment, or makes no conclusion thereon, the court shall set a date for hearing
and shall give notice of hearing to the persons designated in section 25-03.1-12. If the
respondent is in custody and is alleged to be suffering from mental illness or a combination
of mental illness and chemical dependency, the preliminary hearing date must be within
seven four days, exclusive of weekends and holidays, of the date respondent was taken
into custody through emergency commitment under section 25-03.1-25 unless a delay or
continuance is concurred in by the respondent or unless extended by the magistrate for
good cause shown. If a preliminary hearing is not required, the treatment hearing must be
held within seven four days, exclusive of weekends and holidays, of the date the court
received the expert examiner's report, not to exceed fourteen days from the time the
petition was served. SECTION 2. AMENDMENT. Section 25-03.1-19 of the North Dakota Century Code is amended and reenacted as follows: S. B. No. 2045 - Page 2 25-03.1-19. Involuntary treatment hearing. The involuntary treatment hearing, unless waived by the respondent or the respondent has been released as a person not requiring treatment, must be
held within fourteen days of the preliminary hearing. If the preliminary hearing is not required, the
involuntary treatment hearing must be held within seven four days, exclusive of weekends and
holidays, of the date the court received the expert examiner's report, not to exceed fourteen days from
the time the petition was served. The court may extend the time for hearing for good cause. The
respondent has the right to an examination by an independent expert examiner if so requested. If the
respondent is indigent, the county of residence of the respondent shall pay for the cost of the
examination and the respondent may choose an independent expert examiner. The hearing must be held in the county of the respondent's residence or location or the county where the state hospital or treatment facility treating the respondent is located. At the hearing, evidence in support of the petition must be presented by the state's attorney, private counsel, or
counsel designated by the court. During the hearing, the petitioner and the respondent must be afforded an opportunity to testify and to present and cross-examine witnesses. The court may receive
the testimony of any other interested person. All persons not necessary for the conduct of the proceeding must be excluded, except that the court may admit persons having a legitimate interest in
the proceeding. The hearing must be conducted in as informal a manner as practical, but the issue
must be tried as a civil matter. Discovery and the power of subpoena permitted under the North Dakota
Rules of Civil Procedure are available to the respondent. The court shall receive all relevant and material evidence which may be offered as governed by the North Dakota Rules of Evidence. There is
a presumption in favor of the respondent, and the burden of proof in support of the petition is upon the
petitioner. If, upon completion of the hearing, the court finds that the petition has not been sustained by clear and convincing evidence, it shall deny the petition, terminate the proceeding, and order that the
respondent be discharged if the respondent has been hospitalized before the hearing. SECTION 3. AMENDMENT. Subsection 2 of section 25-03.1-26 of the North Dakota Century Code is amended and reenacted as follows: 2. Upon receipt of the petition and notice of the emergency detention, the magistrate shall set
a date for a preliminary hearing, if the respondent is alleged to be suffering from mental
illness or from a combination of mental illness and chemical dependency, or a treatment
hearing, if the respondent is alleged to be suffering from chemical dependency, to be held
no later than seven four days, exclusive of weekends and holidays, after detention unless
the person has been released as a person not requiring treatment, has been voluntarily
admitted for treatment, has requested or agreed to a continuance, or unless the hearing
has been extended by the magistrate for good cause shown. The magistrate shall appoint
counsel if one has not been retained by the respondent. S. B. No. 2045 - Page 3 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Fifty-eighth Legislative Assembly of
North Dakota and is known on the records of that body as Senate Bill No. 2045. Senate Vote: Yeas 43 Nays 1 Absent 3 House Vote: Yeas 68 Nays 21 Absent 5 ____________________________
Secretary of the Senate Received by the Governor at M. on , 2003. Approved at M. on , 2003. ____________________________
Governor Filed in this office this day of , 2003, at o'clock M. ____________________________
Secretary of State
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. Fifty-eighth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2003 Fifty-eighth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2003 SENATE BILL NO. 2045 (Legislative Council) (Judiciary A Committee) AN ACT to amend and reenact sections 25-03.1-11 and 25-03.1-19 and subsection 2 of section 25-03.1-26 of the North Dakota Century Code, relating to involuntary treatment and commitment
procedures. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 25-03.1-11 of the North Dakota Century Code is amended and reenacted as follows: 25-03.1-11. Involuntary treatment - Examination - Report. 1. The respondent must be examined within a reasonable time by an expert examiner as
ordered by the court. If the respondent is taken into custody under the emergency treatment provisions of this chapter, the examination must be conducted within twenty-four
hours, exclusive of holidays, of custody. Any expert examiner conducting an examination
under this section may consult with or request participation in the examination by any
qualified mental health professional and may include with the written examination report
any findings or observations by that mental health professional. This examination report,
and that of the independent examiner, if one has been requested, must be filed with the
court. The report must contain: 1. a. Evaluations of the respondent's physical condition and mental status. 2. b. A conclusion as to whether the respondent is a person requiring treatment, with a
clear explanation of how that conclusion was derived from the evaluation. 3. c. If the report concludes that the respondent is a person requiring treatment, a list of
available forms of care and treatment that may serve as alternatives to involuntary
hospitalization. 4. d. The signature of the examiner who prepared the report. 2. If the expert examiner concludes that the respondent is not a person requiring treatment,
the court may without taking any other additional action terminate the proceedings and
dismiss the petition. If the expert examiner concludes that the respondent is a person
requiring treatment, or makes no conclusion thereon, the court shall set a date for hearing
and shall give notice of hearing to the persons designated in section 25-03.1-12. If the
respondent is in custody and is alleged to be suffering from mental illness or a combination
of mental illness and chemical dependency, the preliminary hearing date must be within
seven four days, exclusive of weekends and holidays, of the date respondent was taken
into custody through emergency commitment under section 25-03.1-25 unless a delay or
continuance is concurred in by the respondent or unless extended by the magistrate for
good cause shown. If a preliminary hearing is not required, the treatment hearing must be
held within seven four days, exclusive of weekends and holidays, of the date the court
received the expert examiner's report, not to exceed fourteen days from the time the
petition was served. SECTION 2. AMENDMENT. Section 25-03.1-19 of the North Dakota Century Code is amended and reenacted as follows: S. B. No. 2045 - Page 2 25-03.1-19. Involuntary treatment hearing. The involuntary treatment hearing, unless waived by the respondent or the respondent has been released as a person not requiring treatment, must be
held within fourteen days of the preliminary hearing. If the preliminary hearing is not required, the
involuntary treatment hearing must be held within seven four days, exclusive of weekends and
holidays, of the date the court received the expert examiner's report, not to exceed fourteen days from
the time the petition was served. The court may extend the time for hearing for good cause. The
respondent has the right to an examination by an independent expert examiner if so requested. If the
respondent is indigent, the county of residence of the respondent shall pay for the cost of the
examination and the respondent may choose an independent expert examiner. The hearing must be held in the county of the respondent's residence or location or the county where the state hospital or treatment facility treating the respondent is located. At the hearing, evidence in support of the petition must be presented by the state's attorney, private counsel, or
counsel designated by the court. During the hearing, the petitioner and the respondent must be afforded an opportunity to testify and to present and cross-examine witnesses. The court may receive
the testimony of any other interested person. All persons not necessary for the conduct of the proceeding must be excluded, except that the court may admit persons having a legitimate interest in
the proceeding. The hearing must be conducted in as informal a manner as practical, but the issue
must be tried as a civil matter. Discovery and the power of subpoena permitted under the North Dakota
Rules of Civil Procedure are available to the respondent. The court shall receive all relevant and material evidence which may be offered as governed by the North Dakota Rules of Evidence. There is
a presumption in favor of the respondent, and the burden of proof in support of the petition is upon the
petitioner. If, upon completion of the hearing, the court finds that the petition has not been sustained by clear and convincing evidence, it shall deny the petition, terminate the proceeding, and order that the
respondent be discharged if the respondent has been hospitalized before the hearing. SECTION 3. AMENDMENT. Subsection 2 of section 25-03.1-26 of the North Dakota Century Code is amended and reenacted as follows: 2. Upon receipt of the petition and notice of the emergency detention, the magistrate shall set
a date for a preliminary hearing, if the respondent is alleged to be suffering from mental
illness or from a combination of mental illness and chemical dependency, or a treatment
hearing, if the respondent is alleged to be suffering from chemical dependency, to be held
no later than seven four days, exclusive of weekends and holidays, after detention unless
the person has been released as a person not requiring treatment, has been voluntarily
admitted for treatment, has requested or agreed to a continuance, or unless the hearing
has been extended by the magistrate for good cause shown. The magistrate shall appoint
counsel if one has not been retained by the respondent. S. B. No. 2045 - Page 3 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Fifty-eighth Legislative Assembly of
North Dakota and is known on the records of that body as Senate Bill No. 2045. Senate Vote: Yeas 43 Nays 1 Absent 3 House Vote: Yeas 68 Nays 21 Absent 5 ____________________________
Secretary of the Senate Received by the Governor at M. on , 2003. Approved at M. on , 2003. ____________________________
Governor Filed in this office this day of , 2003, at o'clock M. ____________________________
Secretary of State
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