KSC, TITLE 6.  THE JUDICIARY
 
Chapter 33.  Commitment

Section 6.3301.  Commitment.
Section 6.3302.  Temporary commitment.

      Section 6.3301.  Commitment.

     (1)  In a proceeding pursuant to this Chapter, the Court promptly appoints counsel for the person alleged to be insane.  If the person alleged to be insane is unable to pay for counsel, the Court appoints the public defender to represent him or, if the public defender is unable or unwilling to represent him, appoints private counsel at the State's expense.

     (2)  After hearing, the Court may commit an insane person to a hospital for the care and keeping of the insane, or to a member of the insane person's family, who may restrain the insane person to the extent necessary for his and the public safety.

     (3)  The Court orders commitment only on the testimony of two or more witnesses who testify in open court, at least one of whom is a doctor of medicine or medical practitioner authorized to practice medicine in the Federated States of Micronesia.  Before testifying the medical witness personally examines the person who is the subject of the commitment proceeding and establishes to the Court's satisfaction that the person is insane.

     (4)  Except when the Court is satisfied that the delay incident to giving notice is detrimental to the public interest or the welfare of the patient, it does not order commitment until notice to the allegedly insane person's spouse, or one of his parent's children, or next of kin.

     (5)  In ordering a commitment the Court may make an order in the interest of the public and of the patient for the patient's temporary custody and transportation to the hospital.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      Section 6.3302.  Temporary commitment.

     (1)  After hearing the Court may commit a person for observation of possible mental illness. The Court orders commitment only after testimony in open court by at least one doctor or medical practitioner authorized to practice medicine in the State, or from a nurse, health aide, or nurse's aide who has personally examined the person who is the subject of the commitment proceeding indicating to the Court's satisfaction that the public welfare or the interest of the person requires commitment.  Whenever practicable, the Court attempts to secure the testimony of a doctor or medical practitioner.

     (2)  A commitment for observation may be to a person or institution willing to accept the patient and authorizes the patient's detention for a period not exceeding thirty days, if the services of a doctor or medical practitioner are reasonably available.  If services are not reasonably available, commitment for observation may authorize the patient's detention for thirty days following examination by a doctor or medical practitioner.  The Court promptly gives notice of commitment for observation to the Director of the Department of Health Services.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.
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