Vermont Statutes Title 18 Sec. 7510
Terms Used In Vermont Statutes Title 18 Sec. 7510
- Continuance: Putting off of a hearing ot trial until a later time.
- Person: means any individual, company, corporation, association, partnership, the U. See
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 7510. Preliminary hearing
(a) Within five days after a person is admitted to a designated hospital for emergency examination, he or she may request the Superior Court to conduct a preliminary hearing to determine whether there is probable cause to believe that he or she was a person in need of treatment at the time of his or her admission.
(b) The court shall conduct the hearing within three working days after the filing of the request. The court shall cause timely notice of the preliminary hearing to be given to the patient or the patient’s attorney, the hospital, and the attorney for the applicant.
(c) The individual has the right to be present and represented by legal counsel at the preliminary hearing.
(d) If probable cause to believe that the individual was a person in need of treatment at the time of his or her admission is established at the preliminary hearing, the individual shall be ordered held for further proceedings in accordance with the law. If probable cause is not established, the individual shall be ordered discharged from the hospital and the court shall order him or her returned to the place from which he or she was transported or to his or her home.
(e) Upon a showing of need, the court may grant a reasonable continuance to either the patient’s attorney or the attorney for the State. (Added 1977, No. 252 (Adj. Sess.), § 17; amended 2009, No. 154 (Adj. Sess.), § 238; 2019, No. 167 (Adj. Sess.), § 20, eff. Oct. 7, 2020; 2023, No. 6, § 201, eff. July 1, 2023.)