1. A. Upon receiving a petition alleging a person to be a mentally ill person and a person requiring treatment, the court shall set a day and time for the hearing.

   1. 1. If the person alleged to be a mentally ill person requiring treatment does not have an attorney, the court shall immediately appoint an attorney for the person.
   2. 2. If a copy of a certificate of evaluation is not attached to the petition at the time it is filed, the court shall immediately order an evaluation of the person as provided by Section 8 of this act.'
2. B. If the court deems it necessary, or if the person alleged to be a mentally ill person requiring treatment shall so demand, the court shall schedule the hearing on the petition as a jury trial to be held within seventy-two (72) hours of the demand, excluding weekends and holidays, or within as much additional time as is requested by the attorney of such person upon good cause shown.

3. C. The court, at the hearing on the petition, shall determine by clear and convincing evidence whether the person is a mentally ill person and a person requiring treatment.

   1. 1. The court shall take evidence and make findings of fact concerning the person's competency to consent to or refuse the treatment that may be ordered, including, but not limited to, the patient's right to refuse medication.
   2. 2. If a jury trial is not demanded, the court may receive as evidence and act upon the affidavits of the licensed mental health professionals who evaluated the person and the certificate of evaluation.
   3. 3. When the hearing is conducted as a jury trial, the petitioner and any witness in behalf of the petitioner shall be subject to cross-examination by the attorney for the person alleged to be a person requiring treatment. The person alleged to be a mentally ill person requiring treatment may also be called as a witness and cross-examined.
4. D. When, after the hearing, the court determines that the person is not a mentally ill person requiring treatment, the court shall dismiss the petition and, if the person is being detained, order the person to be discharged from detention.

5. E. When, after the hearing, the court determines the person to be a mentally ill person requiring treatment, the court shall order the person to receive the least restrictive treatment consistent with the treatment needs of the person and the safety of the person and others.

   1. 1. The court shall not order hospitalization without a thorough consideration of available treatment alternatives to hospitalization and may direct the submission of evidence as to the least restrictive treatment alternative or may order a precommitment screening examination as provided by Section 5-403 of this title.
   2. 2. If the court finds that a program other than hospitalization is appropriate to meet the individual's treatment needs and is sufficient to prevent injury to the individual or to others, the court may order the individual to receive whatever treatment other than hospitalization that is appropriate for a period of ninety (90) days, during which time the court shall continue its jurisdiction over the individual as a mentally ill person requiring treatment.
   3. 3. If the court orders the person to be committed for involuntary inpatient treatment, the court shall commit the person to the custody of the Department of Mental Health and Substance Abuse Services for a placement that is suitable to the person's needs or to a private facility willing to accept the person for treatment. The person shall be discharged from inpatient treatment at such time as the person no longer requires treatment as determined by the administrator of the facility or the designee of the administrator, or as otherwise required by law.
   4. 4. The person shall be delivered to the custody of the Department of Mental Health and Substance Abuse Services for a placement that is suitable to the person's needs or to a private facility willing to accept the person for treatment.
   5. 5. If the person is placed in the custody of the Department, the Department may designate two or more facilities to provide treatment and if the person to be treated or a parent, spouse, guardian, brother, sister or child, who is at least eighteen (18) years of age, of the person, expresses a preference for one such facility, the Department shall attempt, if administratively possible, to comply with the preference.

6. F. The court shall make and keep records of all cases brought before it.

   1. 1. No records of proceedings pursuant to this section shall be open to public inspection except by order of the court or to employees of the Department of Mental Health and Substance Abuse Services, the person's attorney of record, or persons having a legitimate treatment interest.
   2. 2. Bonded abstractors may be deemed to be persons having a legitimate interest for the purpose of having access to records regarding determinations of persons requiring treatment under this section.

Laws 1997, HB 2024, c. 387, § 9, eff. November 1, 1997.