59-29b65. Trial upon the petition; procedure.
59-29b65
59-29b65. Trial upon the petition;procedure.(a) Trial upon the petition shall be held at the time andplacespecified in the court's order issued pursuant to subsection (a)ofK.S.A. 59-29b60 and amendments thereto unless a continuance asprovided inK.S.A. 59-29b60 or 59-29b64 and amendments thereto, hasbeengranted. The hearing shall be held to the court only, unless theproposed patient, at least four days prior to the time set for thehearing, demands, in writing, a jury trial.
(b) The jury, if one is demanded, shall consist of sixpersons. The jury panel shall be selected as provided by law.Notwithstanding the provision within K.S.A. 43-166 and amendmentsthereto otherwise, a panel of prospective jurors may be assembledby the clerk upon less than 20 days' notice in this circumstance.From such panel 12 qualified jurors, who have been passed forcause, shall be empaneled. Prior service as a juror in any courtshall not exempt, for that reason alone, any person from juryservice hereunder. From the panel so obtained, the proposedpatient or the proposed patient's attorney shall strike one name;then the petitioner, or the petitioner's attorney, shall strikeone name; and so on alternatively until each has stricken three namesso as to reach the jury of six persons. During this process, ifeither party neglects or refuses to aid in striking the names,the court shall strike a name on behalf of such party.
(c) The proposed patient shall be present at the hearingunless the attorney for the proposed patient requests that theproposed patient's presence be waived and the court finds theperson's presence at the hearing would be injurious to theirwelfare. The court shall enter in the record of the proceedingsthe facts upon which the court has found that the presence of theproposed patient at the hearing would be injurious to theirwelfare. However, if the proposed patient states in writing tothe court or such person's attorney that such patient wishes tobe present at the hearing, the person's presence cannot bewaived. The petitioner and the proposed patient shall be affordedan opportunity to appear at the hearing, to testify, and topresent and cross-examine witnesses. All persons not necessaryfor the conduct of the proceedings may be excluded. The hearingsshall be conducted in as informal a manner as may be consistentwith orderly procedure and in a physical setting not likely tohave a harmful effect on the welfare of the proposed patient. Thecourt shall receive all relevant and material evidence which maybe offered, including the testimony or written findings andrecommendations of the examiner who evaluated the proposedpatient pursuant to the court's order issued underK.S.A. 59-29b61and amendmentsthereto. Such evidence shall not be privileged for thepurpose of this hearing.
(d) The rules governing evidentiary and procedural mattersat hearings under this section shall be applied in a manner so asto facilitate informal, efficient presentation of all relevant,probative evidence and resolution of issues with due regard tothe interests of all parties.
(e) If the petitioner is not represented by counsel, thecounty or district attorney shall represent the petitioner,prepare all necessary papers, appear at the hearing and presentsuch evidence as the county or district attorney shall determineto be of aid to the court in determining whether or not theproposed patient is a person with an alcohol or substance abuseproblem subject to involuntary commitment for care and treatmentunder this act.
History: L. 1998, ch. 134, § 21; July 1.