53-21-123. (Temporary) Examination of respondent following initial hearing -- recommendation of professional person. (1) Following the initial hearing, whether before a judge or justice of the peace, the respondent shall be examined by the professional person without unreasonable delay. The examination may not exceed a period of 4 hours. The professional person shall immediately notify the county attorney of his findings in person or by phone and shall make a written report of his examination to the court, with copies to the respondent's attorney and the county attorney.
     (2) The following action shall be taken based on the professional person's findings:
     (a) If he recommends dismissal, he shall additionally notify counsel and the respondent, if he has been detained, shall be released and the petition dismissed. However, the county attorney may, upon good cause shown, request the court to order an additional, but no more than one, examination by a different professional person for a period of no more than 4 hours.
     (b) If he finds that commitment proceedings should continue, the hearing shall be held as scheduled.
     (3) The court may not order further evaluation pending the hearing unless sound medical reasons require additional time for a complete evaluation. Such reasons shall be set forth in the order, along with the amount of additional time needed. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

     53-21-123. (Effective July 1, 1997) Examination of respondent following initial hearing -- recommendation of professional person. (1) Following the initial hearing, whether before a judge or justice of the peace, the respondent shall be examined by the professional person without unreasonable delay. The examination may not exceed a period of 4 hours. The professional person shall immediately notify the county attorney of his findings in person or by phone and shall make a written report of his examination to the court, with copies to the respondent's attorney and the county attorney.
     (2) The following action shall be taken based on the professional person's findings:
     (a) If he recommends dismissal, he shall additionally notify counsel and the respondent shall be released and the petition dismissed. However, the county attorney may, upon good cause shown, request the court to order an additional, but no more than one, examination by a different professional person for a period of no more than 4 hours.
     (b) If he finds that commitment proceedings should continue, the hearing shall be held as scheduled.
     (3) The court may not order further evaluation pending the hearing unless sound medical reasons require additional time for a complete evaluation. Such reasons shall be set forth in the order, along with the amount of additional time needed.

     History: En. 38-1305 by Sec. 5, Ch. 466, L. 1975; amd. Sec. 5, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(4); amd. Sec. 8, Ch. 376, L. 1987.