§ 20-47-402. Commitment to Department of Veterans Affairs and certain other federal hospitals -- Generally

AR Code § 20-47-402 (2018) (N/A)
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(a) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his or her proper care, it is determined after the adjudication of the status of the person as may be required by law that commitment to a hospital or other institution because of mental disease is necessary for safekeeping or treatment and it appears that the person is eligible for care or treatment by the federal Department of Veterans Affairs or other agency of the United States Government, then the court, upon receipt of a certificate from the federal Department of Veterans Affairs or other agency showing that facilities are available and that the person is eligible for care or treatment therein, may commit the person to the federal Department of Veterans Affairs or other agency.

(b) The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state. Nothing in this act shall affect his or her right to appear and be heard in the proceedings.

(c) Upon commitment, the person when admitted to any facility operated by any agency within or without this state shall be subject to the rules and regulations of the federal Department of Veterans Affairs or other agency.

(d) The chief officer of any facility of the federal Department of Veterans Affairs or an institution operated by any other agency or the United States to which the person is so committed shall, with respect to the person, be vested with the same powers as directors of state hospitals for mental diseases within the state are with respect to retention of custody, transfer, parole, or discharge.

(e) Jurisdiction is retained in the committing court or other appropriate court of this state any time to inquire into the mental condition of the person so committed and to determine the necessity for continuance of his or her restraint, and all commitments pursuant to this act are so conditioned.