§43A-9-102.

§43A-9-102.
   
   A. A person may be committed to an approved treatment facility by the
   district court upon the petition of his spouse or guardian, a
   relative, the certifying physician, or the administrator in charge of
   any approved public treatment facility. The petition shall allege that
   the individual is an alcohol- or drug-dependent person who habitually
   lacks self-control as to the use of alcoholic beverages or other
   drugs, and that he:
   
   1. Has threatened, attempted or inflicted physical harm on another and
   that unless committed is likely to inflict physical harm on himself or
   on another; or
   
   2. Is incapacitated by alcohol or other drugs.
   
   A refusal to undergo treatment does not constitute evidence of lack of
   judgment as to the need for treatment. The petition shall be
   accompanied by a certificate of a licensed physician who has examined
   the person within two (2) days before submission of the petition,
   unless the person whose commitment is sought has refused to submit to
   a medical examination, in which case the fact of refusal shall be
   alleged in the petition. The certificate shall set forth the
   physician's findings in support of the allegations of the petition. A
   physician employed by the admitting facility is not eligible to be the
   certifying physician.
   
   B. Upon filing the petition, the court shall fix a date for a hearing
   no later than ten (10) days after the date the petition was filed. A
   copy of the petition and of the notice of the hearing, including the
   date fixed by the court, shall be served on the petitioner, the person
   whose commitment is sought, his next of kin other than the petitioner,
   a parent or his legal guardian if he is a minor, the administrator in
   charge of the approved public treatment facility to which he has been
   committed for emergency care, and any other person the court believes
   advisable. A copy of the petition and certificate shall be delivered
   to each person notified.
   
   C. At the hearing the court shall hear all relevant testimony,
   including, if possible, the testimony of at least one licensed
   physician who has examined the person whose commitment is sought. The
   person shall be present unless the court believes that his presence is
   likely to be injurious to him; in this event the court shall appoint a
   guardian ad litem to represent him throughout the proceeding. The
   court shall examine the person in open court, or if advisable, shall
   examine the person out of court. If the person has refused to be
   examined by a licensed physician, he shall be given an opportunity to
   be examined by a court-appointed licensed physician. If he refuses and
   there is sufficient evidence to believe that the allegations of the
   petition are true, or if the court believes that more medical evidence
   is necessary, the court may make a temporary order committing him to
   the approved treatment facility for a period of not more than five (5)
   days for purposes of a diagnostic examination.
   
   D. If after hearing all relevant evidence, including the results of
   any diagnostic examination by the treatment facility, the court finds
   that grounds for involuntary commitment have been established by clear
   and convincing proof, it shall make an order of commitment to
   treatment. It may not order commitment of a person unless it
   determines that the treatment facility is able to provide adequate and
   appropriate treatment for him and the treatment is likely to be
   beneficial.
   
   E. A person committed under this section shall remain in the custody
   of the treatment facility for a period of thirty (30) days unless
   sooner discharged. At the end of the thirty-day period, he shall be
   discharged automatically unless the petitioner, before expiration of
   the period, obtains a court order for his recommitment upon the
   grounds set forth in subsection A of this section for a further period
   of ninety (90) days unless sooner discharged. If a person has been
   committed because he is an alcoholic or drug-dependent person likely
   to inflict physical harm on himself or another, the petitioner shall
   apply for recommitment if after examination it is determined that the
   likelihood still exists.
   
   F. A person recommitted under subsection E of this section who has not
   been discharged by the treatment facility before the end of the
   ninety-day period shall be discharged at the expiration of that period
   unless the petitioner, before expiration of the period, obtains a
   court order on the grounds set forth in subsection A of this section
   for recommitment for a further period not to exceed ninety (90) days.
   If a person has been committed because he is an alcoholic or
   drug-dependent person likely to inflict physical harm on himself or
   another, the petitioner shall apply for recommitment if after
   examination it is determined that the likelihood still exists. Only
   two recommitment orders under subsections E and F of this section are
   permitted.
   
   G. Upon the filing of a petition for recommitment under subsections E
   or F of this section, the court shall fix a date for hearing no later
   than ten (10) days after the date the petition was filed. A copy of
   the petition and of the notice of hearing, including the date fixed by
   the court, shall be served on the petitioner, the person whose
   commitment is sought, his next of kin other than the petitioner, the
   original petitioner under subsection A of this section if different
   from the petitioner for recommitment, one of his parents or his legal
   guardian if he is a minor, and any other person the court believes
   advisable. At the hearing the court shall proceed as provided in
   subsection C of this section.
   
   H. The approved facility shall provide for adequate and appropriate
   treatment of a person committed to its custody. The approved facility
   may transfer any person committed to its custody from one approved
   public treatment facility to another if transfer is medically
   advisable.
   
   I. A person committed to the custody of the facility for treatment
   shall be discharged at any time before the end of the period for which
   he has been committed if either of the following conditions is met:
   
   1. In case of an alcoholic or drug-dependent person committed on the
   grounds of likelihood of infliction of physical harm upon another,
   that he is no longer an alcoholic or drug-dependent person or the
   likelihood no longer exists; or
   
   2. In case of an alcoholic or drug-dependent person committed on the
   grounds of the need of treatment and incapacity, that the incapacity
   no longer exists, further treatment will not be likely to bring about
   significant improvement in the person's condition, or treatment is no
   longer adequate or appropriate.
   
   J. The court shall inform the person whose commitment or recommitment
   is sought of his right to contest the application, be represented by
   counsel at every stage of any proceedings relating to his commitment
   and recommitment and have counsel appointed by the court or provided
   by the court, if he wants the assistance of counsel and is unable to
   obtain counsel. If the court believes that the person needs the
   assistance of counsel, the court shall require, by appointment if
   necessary, counsel for him regardless of his wishes. The person whose
   commitment or recommitment is sought shall be informed of his right to
   be examined by a licensed physician of his choice. If the person is
   unable to obtain a licensed physician and requests examination by a
   physician, the court shall employ a licensed physician.
   
   K. If a private treatment facility agrees with the request of a
   competent patient or his parent, sibling, adult child or guardian to
   accept the patient for treatment, the administrator of the public
   treatment facility shall transfer him to the private treatment
   facility.
   
   L. A person committed under this section may at any time seek to be
   discharged from commitment by writ of habeas corpus.
   
   M. The venue for proceedings under this section is the place in which
   the person to be committed resides or is present.