§ 40.1-5.3-7. Hearing on petition.
(a) Upon receipt of the petition and appropriate notice to the director, the attorney general, and the person, or his or her counsel, the court having jurisdiction over the case shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person. The person who is the subject of the petition may testify, confront witnesses, and present evidence.
(b) If the court having jurisdiction over the case finds by clear and convincing evidence that the person is mentally ill and requires specialized mental health care and psychiatric inpatient services that cannot be provided in a correctional facility, the court may order the transfer of the prisoner from the adult correctional institutions, to be detained in the facility provided for in § 40.1-5.3-1.
History of Section.P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-7; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 231, § 1; P.L. 1987, ch. 576, § 1; P.L. 1989, ch. 542, § 97; P.L. 2013, ch. 279, § 1.
Structure Rhode Island General Laws
Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity
Section 40.1-5.3-1. - Facility for incompetent persons and others.
Section 40.1-5.3-2. - Transfers between state-operated hospitals.
Section 40.1-5.3-3. - Competency to stand trial.
Section 40.1-5.3-4. - Commitment of persons acquitted on ground of insanity.
Section 40.1-5.3-5. - Expenses of examination.
Section 40.1-5.3-6. - Examination of persons awaiting trial or convicted and imprisoned for crime.
Section 40.1-5.3-7. - Hearing on petition.
Section 40.1-5.3-8. - Duration of order of transfer — Officer to whom directed.
Section 40.1-5.3-9. - Return to confinement.
Section 40.1-5.3-9.1. - Hearing on petition.
Section 40.1-5.3-10. - Expenses of examination.
Section 40.1-5.3-11. - Liability for expenses of maintenance — Action for collection of expenses.
Section 40.1-5.3-12. - Investigation of ability to pay for maintenance.
Section 40.1-5.3-13. - General rights.
Section 40.1-5.3-14. - Right to treatment — Treatment plan.
Section 40.1-5.3-15. - Disclosure of confidential information and records.
Section 40.1-5.3-16. - Disclosure of rights.
Section 40.1-5.3-17. - Penalties for deprivation of rights — Disciplinary action — Duty to report.