Ark. Code Ann. » Title 20 Chapter 47
Arkansas Code Annotated

Ark. Code Ann. § 20-47-215 (2020)

Additional periods of involuntary admission — Petitions — Hearing

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  1. Generally.
    1. Additional one-hundred-eighty-day involuntary admission orders may be requested if, in the opinion of the treatment staff, a person involuntarily admitted continues to meet the criteria for involuntary admission.
    2. Additional one-hundred-eighty-day involuntary admission periods may be requested by the treatment staff if it is the opinion of the treatment staff that the person needs continued treatment and supervision without which the person poses a likelihood of danger to himself or herself or to others as defined in § 20-47-207 if discharged.
    3. The treatment staff may request additional involuntary admission orders as they are deemed necessary.
  2. Procedure.
      1. A request for periods of additional involuntary admission under this section shall be made by a petition verified by a member of the treatment staff.
      2. The petition shall set forth the facts and circumstances forming the basis for the request.
    2. Upon the filing of a petition for additional involuntary admission, all rights enumerated in §§ 20-47-211 and 20-47-212 shall be applicable.
  3. Hearing.
      1. A hearing on the petition seeking additional involuntary admission pursuant to this section must be held before the expiration of the period of involuntary admission.
      2. The hearing shall be open to the public and the news media, unless the person sought to be additionally involuntarily admitted shall request in writing that the hearing be closed.
      3. All written requests filed on behalf of the person sought to be additionally involuntarily admitted must be witnessed by the attorney who is representing the person.
    2. All testimony shall be recorded under oath and preserved.
    3. The need for additional involuntary admission shall be proved by clear and convincing evidence.
  4. New Original Petition. Nothing in this section shall prevent a new original petition from being filed subsequent to the release of a person involuntarily admitted pursuant to this subchapter.
  5. Upon filing of an order of commitment issued under this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.

History. Acts 1989, No. 861, § 10; 2007, No. 463, § 5; 2011, No. 823, § 2.

A.C.R.C. Notes. Because of an apparent error in the engrossment of Acts 2007, No. 463, the following language was included in Section 5 of that act: “(2) Upon filing of an order under § 5-2-310(b) or an order of commitment entered pursuant to §§ 5-2-314(b), 20-47-214, or 20-47-215 with a circuit”.

Amendments. The 2011 amendment substituted “a member of the treatment staff” for “the psychiatrist of the hospital or receiving facility or program” in present (b)(1)(A).

Research References

ALR.

Validity, Construction, and Application of Overt Act Requirement of State Statutes Providing for Commitment of Sexually Dangerous Persons. 56 A.L.R.6th 647.

Case Notes

Criteria.

The criteria for involuntary admission prescribed in § 20-47-207(c) apply to hearings wherein an additional period of involuntary admission is sought. Black v. State, 52 Ark. App. 140, 915 S.W.2d 300 (1996).

Evidence.

Where there was no clear and convincing proof that patient needed additional period of involuntary commitment but only proof that she needed mental-health treatment on a continuing basis, and that she had been involuntarily committed in the past, it was error for the probate court to grant the petition for involuntary commitment and order patient to undergo an additional 180-day period of involuntary commitment. Black v. State, 52 Ark. App. 140, 915 S.W.2d 300 (1996).

Cited: Gravett v. McGowan, 318 Ark. 546, 886 S.W.2d 606 (1994); Smedley v. Smedley, 319 Ark. 421, 892 S.W.2d 273 (1995).

Notes of Decisions
Cited in 3 cases, 1994–1996 · leading case: Gravett v. McGowan, 886 S.W.2d 606 (Ark. 1994).
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Gravett v. McGowan, 886 S.W.2d 606 (Ark. 1994). · cites it 2× “On December 3, 1993, Judge McGowan conducted a hearing pursuant to Act 861 of 1989, as codified in Ark. Code Ann. § 20-47-215 (1987), relating to an involuntary commitment of an individual to a mental health center.”
Smedley v. Smedley, 892 S.W.2d 273 (Ark. 1995). · cites it 2× “Smedley, appeals from a probate judge’s finding that he had a mental illness and posed a clear and present danger to himself, which resulted in his being committed involuntarily to an out-of-state mental health receiving facility for a period of forty-five days pursuant to Act…”
Black v. State, 915 S.W.2d 300 (Ark. Ct. App. 1996). · cites it 2× “Because the record does not contain proof pursuant to the clear and convincing evidence standard that Ark. Code Ann. §20-47-215 (Repl. 1991) prescribes for evidence at hearings seeking an additional period of involuntary admission, we are not persuaded that the mootness argument…”
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