An act to amend and reenact section 25-03.1-26 of the North Dakota Century Code, relating to an emergency mental health petition; and to declare an emergency., the official text

Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2171 (Senators Mathern, Roers) (Representatives Porter, Rohr)
AN ACT to amend and reenact section 25-03.1-26 of the North Dakota Century Code, relating to an emergency mental health petition; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 25-03.1-26 of the North Dakota Century Code is amended and
reenacted as follows: 25-03.1-26. Emergency procedure - Acceptance of petition and individual - Notice - Court
hearing set. 1. A public treatment facility immediately shall accept and a private treatment facility may accept on a provisional basis the application and the individual admitted under section 25-03.1-25. The superintendent or director shall require an immediate examination of the subject and,. 2. either within twenty-four hours, exclusive of holidays, after admission or within Within seventy-two hours after admission, exclusive of holidays, if the individual is admitted with a serious physical condition or illness that requires prompt treatment as medically necessary, the superintendent or director shall either: a. Release the individual if the superintendent or director finds that the subject does not meet the emergency commitment standards; or b. File a petition if one has not been filed with the court of the individual's residence or the court which directed immediate custody under subsection 2 of section 25-03.1-25, giving notice to the court and stating in detail the circumstances and facts of the case.
2.3. Upon receipt of the petition and notice of the emergency detention, the magistrate shall set a date for a preliminary hearing, if the respondent is alleged to be a personan individual who is mentally ill or a personan individual who is both mentally ill and has a substance use disorder, or a treatment hearing, if the respondent is alleged to be a personan individual who has a substance use disorder, to be held no later than four days, exclusive of weekends and holidays, after detention unless the personindividual has been released as a personan individual not requiring treatment, has been voluntarily admitted for treatment, has requested or agreed to a continuance, or unless the hearing has been extended by the magistrate for good cause shown. The magistrate shall appoint counsel if one has not been retained by the respondent.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.

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____________________________ President of the Senate

____________________________ Speaker of the House

____________________________ Secretary of the Senate

____________________________ Chief Clerk of the House

This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No. 2171 and that two-thirds of the members-elect of the Senate voted in favor of said law.

Vote:

Yeas 45

Nays 0

Absent 2

____________________________ President of the Senate

____________________________ Secretary of the Senate

This certifies that two-thirds of the members-elect of the House of Representatives voted in favor of said law.

Vote:

Yeas 87

Nays 5

Absent 2

____________________________ Speaker of the House

____________________________ Chief Clerk of the House

Received by the Governor at ________M. on _____________________________________, 2025. Approved at ________M. on __________________________________________________, 2025.

____________________________ Governor
Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State