§43A-5-415.

§43A-5-415.
   
   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. 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. 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.
   
   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.
   
   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. 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. 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. 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.
   
   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.
   
   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. 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. 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. 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. 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. 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.
   
   F. The court shall make and keep records of all cases brought before
   it.
   
   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. 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.