(a) A person may be committed to the custody of the Department of Health by the Superior Court upon the petition of his spouse or guardian, a relative, the certifying physician, mental health professional or the Administrator in charge of any approved public treatment facility, if the person’s mental health condition substantially impairs the person’s capacity to make an informed decision regarding treatment and to understand and express an understanding of the advantages and disadvantages of accepting treatment and the alternatives to treatment offered, after the advantages and disadvantages are explained to the person. The petition shall allege that the person is mentally disturbed or an alcoholic or drug dependent person who habitually lacks self-control due to his disturbed condition or to the use of alcoholic beverages or drugs and that he (1) has threatened, attempted, or inflicted physical harm on himself or another and that unless committed is likely to inflict physical harm on another; or (2) is incapacitated by alcohol or drugs or in need of help and treatment. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. The petition shall be accompanied by a certificate of a licensed physician or mental health professional who has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the physician or mental health professional's findings in support of the allegations of the petition.
(b) Upon the filing the petition, the court shall fix a date for a hearing no later than two days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served on the petitioner, the person whose commitment is sought, his next of kin other than the petitioner, a parent or his legal guardian if he is a minor, the Administrator in charge of the approved public treatment facility to which he has been committed for emergency care, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered to each person notified.
(c) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician or a mental health professional who has examined the person whose commitment is sought. The person shall be present unless the court believes that his presence is likely to be injurious to him; in this event the court shall appoint a guardian ad litem to represent him throughout the proceeding. The court shall examine the person in open court, or if advisable, shall examine the person out of court. If the person has refused to be examined by a licensed physician or mental health professional, he shall be given an opportunity to be examined by a court-appointed licensed physician or mental health professional. If he refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him to the Department of Health for a period of not more than 30 days for purposes of a diagnostic examination.
(d) If after hearing all relevant evidence, including the results of any diagnostic examination by the Department of Health, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to the Department of Health.
(e) A person committed under this section shall remain in the custody of the Department of Health for treatment for either a time certain established by the court or for an indefinite period, in which latter case the person's commitment shall be subjected to close periodic judicial scrutiny designed to protect said person from prolonged and unnecessary commitment.
(f) The Department of Health shall provide for adequate and appropriate treatment of a person committed to its custody. The Department of Health may transfer any person committed to its custody from one approved public treatment facility to another if transfer is medically advisable.
(g) A person committed to the custody of the Department of Health for treatment shall be discharged at any time before the end of the period for which he has been committed, if commitment for a time certain has been ordered by the court, if either of the following conditions is met:
(1) In case of a mentally disturbed or an alcoholic or drug dependent person committed on the grounds of likelihood of infliction of physical harm upon another, that his patterns of mental disturbance or alcohol consumption are under control or he is no longer drug dependent or the likelihood of said infliction of harm no longer exists; or
(2) In case of a severely mentally disturbed or an alcoholic or drug dependent person committed on the grounds of the need of treatment and incapacity, that the incapacity no longer exists, further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.
(h) The court shall inform the person whose commitment is sought of his right to contest the application, be represented by counsel at every stage of any proceedings relating to his commitment, and have counsel appointed by the court or provided by the court if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him regardless of his wishes. The person whose commitment is sought shall be informed of his right to be examined by a licensed physician or mental health professional of his choice. If the person is unable to obtain a licensed physician or mental health professional and requests examination by a physician or mental health professional, the court shall employ a licensed physician or mental health professional for that purpose.
(i) If a private treatment facility agrees with the request of a competent patient or his parent, sibling, adult child, or guardian to accept the patient for treatment, the Administrator of the public treatment facility shall transfer him to the private treatment facility.
(j) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus.