2009 Rhode Island Code
Title 40.1 - Mental health, retardation, and hospitals
CHAPTER 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity
§ 40.1-5.3-7 - Hearing on petition.
SECTION 40.1-5.3-7
§ 40.1-5.3-7 Hearing on petition. – (a) Upon receipt of the petition and appropriate notice to the director, the attorney general and the person or his or her counsel, the court shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person. The person who is the subject of the petition may testify, confront witnesses, and present evidence.
(b) If the court finds by clear and convincing evidence that the person is mentally ill and requires specialized mental health care and psychiatric inpatient services which cannot be provided in a correctional facility, the court may order the transfer of the prisoner from the adult correctional institutions, to be detained in the facility provided for in § 40.1-5.3-1.
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