HARRY HUGHES, Governor

2387

receive an order from the committing court approving further
inpatient care. THE ADMINISTRATION SHALL APPLY FOR AND
RECEIVE AN ORDER FROM THE COMMITTING COURT APPROVING FURTHER
INPATIENT CARE AT THE END OF EACH 6 MONTH PERIOD THEREAFTER.

12.

(a-1) (2) If a petition for civil proceedings if filed
under subsection (a) of this section, the court with civil
jurisdiction, on examination of the petition, may issue an
order that directs the hearing of the petition before the
court at a specified time and place. The order shall be
served on the parties interested in the petition and on any
other person whom the court, in its discretion, names. At
the specified time and place, the court shall hear the
testimony introduced for and against the petition, and, if
the court considers it advisable, the alleged drug addict
shall be examined. The court may issue subpoenas for the
attendance of any witness. The alleged drug addict has the
right to be represented by counsel, produce witnesses on his
behalf, and cross-examine witnesses. If, from the facts
ascertained at the hearing, the proofs produced, the
petition, and the findings of the Administration, the court
determines by [a preponderance of the evidence that the
individual is a drug addict], CLEAR AND CONVINCING EVIDENCE
THAT AT THE TIME OF THE HEARING EACH OF THE FOLLOWING
ELEMENTS EXIST AS TO THE INDIVIDUAL WHOSE ADMISSION OR
RETENTION IS SOUGHT:

(I)  THE INDIVIDUAL IS A DRUG ADDICT;

(II)  THE INDIVIDUAL IS IN NEED OF CARE,
SUPERVISION, AND TREATMENT BECAUSE OF HIS DRUG ADDICTION;

(III)  THE INDIVIDUAL PRESENTS A DANGER TO
HIS OWN LIFE OR SAFETY OR THE LIFE OR SAFETY OF OTHERS; AND

(IV)  THERE IS NO LESS RESTRICTIVE FORM OF
INTERVENTION AVAILABLE WHICH IS CONSISTENT WITH THE PERSON'S
WELFARE AND SAFETY, the court immediately shall issue an
order that certifies the individual to the care and custody
of the Administration, for the period provided in subsection
(c) of this section.

(c) Upon a determination that the individual is a drug
addict, the committing court shall certify the individual to
the care and custody of the Administration for a period
commencing on the date the order of certification is made
and terminating upon the first to occur of (i) the discharge
of the drug addict by the Administration as rehabilitated,
or (ii) the expiration of a period of 5 years from the date
the period commenced. However, the period of the initial
inpatient care received by the drug addict immediately
following an order of commitment under this section may not
exceed 2 years and the Administration may not certify as
rehabilitated any individual within less than 2 years after
the period commenced. [On the second anniversary of] AFTER