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20-47-214. Forty-five-day involuntary admission — Hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-214. Forty-five-day involuntary admission — Hearing.
(a)(1) Within the period specified in § 20-47-205, a hearing shall be held.
(2) The hearing must be conducted in public, open to the news media.
(3) All testimony must be taken under oath and preserved.
(4) All witnesses shall be subject to a penalty for perjury, and each witness who shall testify shall be instructed by the hearing officer as to the penalty for perjury before testifying.
(b)(1) Should any person be found guilty of giving false testimony that results in a person's wrongful involuntary admission, he or she shall be liable for civil damages and subject to incarceration for not less than thirty (30) days.
(2) The court shall make a determination at that time whether clear and convincing evidence has been presented that the person sought to be involuntarily admitted is of danger to himself or herself or to others as defined in § 20-47-207.
(3) If this burden of proof has been met, the court shall issue an order authorizing the hospital or receiving facility or program to detain the person for treatment for a maximum of forty-five (45) days.
(c) This section shall be construed to allow the person sought to be involuntarily admitted to request treatment under an alternative least restrictive appropriate setting.
(d) If a hearing pursuant to this section is not held within the period specified in § 20-47-205, the person shall be released.
(e) Upon filing of an order of commitment issued under subdivision (b)(3) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-47-214
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6839b84b584aa39af1c02e95b41ccc1ec9167ef27dc2eedaacbd651163e0cc47
Source location: content.xml paragraph 26968
Stored source content
20-47-214. Forty-five-day involuntary admission — Hearing.
(a)(1) Within the period specified in § 20-47-205, a hearing shall be held.
(2) The hearing must be conducted in public, open to the news media.
(3) All testimony must be taken under oath and preserved.
(4) All witnesses shall be subject to a penalty for perjury, and each witness who shall testify shall be instructed by the hearing officer as to the penalty for perjury before testifying.
(b)(1) Should any person be found guilty of giving false testimony that results in a person's wrongful involuntary admission, he or she shall be liable for civil damages and subject to incarceration for not less than thirty (30) days.
(2) The court shall make a determination at that time whether clear and convincing evidence has been presented that the person sought to be involuntarily admitted is of danger to himself or herself or to others as defined in § 20-47-207.
(3) If this burden of proof has been met, the court shall issue an order authorizing the hospital or receiving facility or program to detain the person for treatment for a maximum of forty-five (45) days.
(c) This section shall be construed to allow the person sought to be involuntarily admitted to request treatment under an alternative least restrictive appropriate setting.
(d) If a hearing pursuant to this section is not held within the period specified in § 20-47-205, the person shall be released.
(e) Upon filing of an order of commitment issued under subdivision (b)(3) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-205. Jurisdiction of circuit court.
(a) The circuit courts of this state shall have exclusive jurisdiction of the involuntary admission procedures initiated pursuant to this subchapter.
(b)(1) Within seven (7) days of the person's detention, excluding weekends and holidays, the court shall conduct the hearing as defined in § 20-47-214.
(2) Except as otherwise provided in subsection (d) of this section, the hearing, as defined by §§ 20-47-214 and 20-47-215, shall be conducted by the same court, or by a judge designated on exchange, who heard the original petition and issued the appropriate order.
(3) The court shall ensure that the person sought to be involuntarily admitted is afforded all his or her rights as prescribed by this subchapter.
(4) The circuit judge, when conducting any hearing set out in this subchapter, may conduct the hearing within any county of the judge's judicial district.
(c) The hearings conducted pursuant to §§ 20-47-209, 20-47-214, and 20-47-215 may be held at inpatient programs of the state mental health system or a receiving facility or program where the person is detained.
(d) A circuit judge of the Sixth Judicial District sitting within the Sixth Judicial District may conduct involuntary commitment hearings prescribed by §§ 20-47-214 and 20-47-215 and initiated in other judicial districts of this state pursuant to §§ 20-47-207 and 20-47-209 provided that the person sought to be committed is detained within the boundaries of the Sixth Judicial District at the time of the hearing held pursuant to §§ 20-47-214 or 20-47-215. The Sixth Judicial District shall thus assume the mantle of other judicial districts and shall have the authority to enter treatment orders for other judicial districts in the hearings prescribed by §§ 20-4
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-47-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-207. Involuntary admission — Original petition.
(a) Written Petition — Venue. Any person having reason to believe that a person meets the criteria for involuntary admission as defined in subsection (c) of this section may file a verified petition with the circuit clerk of the county in which the person alleged to have mental illness resides or is detained.
(b) Contents of Petition. The petition for involuntary admission shall:
(1) State whether the person is believed to be of danger to himself or herself or others as defined in subsection (c) of this section;
(2) Describe the conduct, clinical signs, and symptoms upon which the petition is based. The description shall be limited to facts within the petitioner's personal knowledge;
(3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and
(4) Contain a specific prayer for involuntary admission of the person to a hospital or to a receiving facility or program for treatment pursuant to § 20-47-218(c).
(c)Involuntary Admission Criteria.
(1) A person shall be eligible for involuntary admission if he or she is in such a mental condition as a result of mental illness, disease, or disorder that he or she poses a clear and present danger to himself or herself or others.
(2) As used in this subsection, “a clear and present danger to himself or herself” is established by demonstrating that:
(A) The person has inflicted serious bodily injury on himself or herself or has attempted suicide or serious self-injury, and there is a reasonable probability that the conduct will be repeated if admission is not ordered;
(B) The person has threatened to inflict serious bodily injury on himself or herself, and there is a reasonable probability
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-47-207. This identifies an authority to review, not proof of applicability.