(a) When it appears that any veteran is eligible for treatment in a United States Department of Veterans Affairs facility, and commitment is necessary for the care and treatment of such veteran, the Probate Court for the district in which the veteran is found may, upon receipt of a certificate of eligibility from the United States Department of Veterans Affairs, and if the veteran is adjudged mentally ill in accordance with law, direct such veteran's commitment to the department for hospitalization in a department facility. Thereafter such veteran, upon admission to any such facility, shall be subject to the rules and regulations of the department and the chief officer of such facility shall be vested with the same powers as are exercised by superintendents of state hospitals for mental illness within this state with reference to the retention, transfer or parole of the veteran so committed. Notice of such pending commitment proceedings shall be furnished the person to be committed and his or her right to appear and defend shall not be denied. Any court of probate may order the discharge of such veteran, upon application and satisfactory proof that such veteran has been restored to reason. The commitment of a veteran to the United States Department of Veterans Affairs or other agency of the United States government by a court of another state or of the District of Columbia, under a similar provision of law, shall have the same force and effect as if such commitment were made by a court of this state.

(b) Upon receipt of a certificate of the United States Department of Veterans Affairs or any other agency of the United States that facilities are available for the care or treatment of any veteran committed to any hospital for mental illness or other institution for the care or treatment of persons similarly afflicted and that such veteran is eligible for care or treatment, the superintendent of such hospital or institution may cause the transfer of such person to the United States Department of Veterans Affairs or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be notified of such transfer by the transferring agency. No person shall be transferred to the United States Department of Veterans Affairs or other agency of the United States if he or she is confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of such a charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person enters an order for such transfer after appropriate motion and hearing. Any person transferred as provided in this section shall be deemed to be committed to the United States Department of Veterans Affairs or other agency of the United States pursuant to the original commitment.

(1949 Rev., S. 2931; 1949, 1951, S. 1637d; P.A. 04-169, S. 10; P.A. 18-72, S. 32.)

History: P.A. 04-169 made technical changes, effective June 1, 2004; P.A. 18-72 replaced references to Veterans' Administration with references to United States Department of Veterans Affairs, and further amended Subsec. (a) to make a technical change.