§31.26.  Judicial hearings; general provisions

A.(1)  Not later than the day the court issues an order or notice scheduling a hearing under the provisions of this Part, the court shall appoint counsel for the person in protective custody.

(2)  At the appointed time, the court shall conduct a hearing on the commitment petition or any other petition brought under the provisions of this Part.  If the person is confined to a treatment facility for active tuberculosis, the judge of the court where the petition was filed may in his discretion hold the hearing on such commitment at the treatment facility where the person is confined or may conduct the hearing through telecommunications, community antenna television, or other such technology.

(3)  On the day appointed, the hearing shall take precedence over all other matters, except pending cases of the same type.

(4)  If the court finds by clear and convincing evidence that the person in protective custody has active tuberculosis and is a public health risk, it shall render a judgment for his commitment.

B.  The court shall cause a recording of the testimony of the hearing to be made which shall be transcribed only in the event of an appeal from the judgment.  A copy of such transcript shall be furnished without charge to any appellant whom the court finds unable to pay for it.

C.  Notice of any action taken by the court shall be given in such manner as the court considers appropriate to the person in protective custody, the person's attorney, the director of the designated treatment facility, and the state health officer or his designee.

D.  Each clerk of court shall keep a record of the cases relating to persons with active tuberculosis coming before the court pursuant to the provisions of this Part and the disposition of such cases.  The clerk also shall keep on file the original petition and certificates of physicians required by this Section or a microfilm duplicate of such records.  All records maintained in the courts under the provisions of this Section shall be sealed and available only to the person placed in protective custody, his attorney, or the petitioner.

Acts 1995, No. 373, §1, eff. June 16, 1995.