(a) If at the end of the 72-hour evaluation period, the individual is still a danger to self, a danger to others or is gravely disabled because of a mental illness, he shall remain in treatment and evaluation at the facility upon the written certification of two qualified mental health professionals that he is

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CH. 82 MENTALLY ILL PERSONS

still in need of treatment. This certification shall be known as the ’28-day certificate for intensive treatment’.

(b) The Court shall be notified of the certificate on the first working day following its issuance. The Court shall appoint legal counsel to represent the person being detained.

(c) A hearing shall be held within 72 hours. One of the qualified mental health professionals who performed the evaluation shall be required to be present for the hearing.

(d) Involuntary intensive treatment shall continue under the following conditions:

(1) The patient has been advised that he needs voluntary treatment, but has not accepted it, and

(2) A facility providing intensive treatment is equipped and staffed to provide appropriate [treatment] and agrees to admit the person, and

(3) An individual who is gravely disabled as a result of a mental illness may be certified or intensive treatment only after a finding by the Court that alternative, non-institutional care, capable of providing appropriate care and support, is not available on an out-patient basis and after a finding by the Court that the facility has the capability to provide intensive treatment for the individual.

SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).

COMMENT: It appears that due to manifest error, the word “”treatment”” was omitted from subsection (d)(2); it has been added in brackets to clarify the Legislature’s intent.