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§43A-1-107.
§43A-1-107.
A. Hearings required by the Mental Health Law for emergency detention
or involuntary commitment of a person may be held within the mental
health facility in which the person is being detained or is to be
committed whenever the judge deems such venue would be in the best
interest of the patient.
Such hearings shall be conducted by any judge designated by the
presiding judge of the judicial district in which the mental health
facility is located. Hearings may be held in an area of the hospital
designated by the Commissioner of Mental Health and Substance Abuse
Services and agreed upon by the presiding judge of that judicial
district.
B. The Department of Mental Health and Substance Abuse Services, if
funds become available, or any board of county commissioners within
the judicial district in which a mental health facility is located may
purchase or otherwise provide for the operation, maintenance and
equipping of a video teleconferencing system in the mental health
facility for conducting any nonjury hearings pursuant to this section
or such other uses determined necessary by the board of county
commissioners.
C. The court may conduct any nonjury hearing required or authorized
pursuant to the provisions of the Mental Health Law for detained or
confined persons, at the discretion of the judge, by video
teleconferencing after advising the person subject to possible
detention or commitment of his constitutional rights. If the video
teleconferencing hearing is conducted, the image of the detainee or
person subject to commitment may be broadcast by closed-circuit
television to the judge. A closed-circuit television system shall
provide for two-way communications including image and sound between
the detainee or person to be committed and the judge.
D. The provisions for criminal venue as provided otherwise by law
shall not be applicable to proceedings encompassed by commitment
statutes referred to in the Mental Health Law which are deemed civil
in nature.
E. Unless otherwise provided by law, the rules of civil procedure
shall apply to all judicial proceedings provided for in the Mental
Health Law, including but not limited to the rules concerning vacation
of orders and appellate review.
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