622:52 Conduct of Hearings for Commitment, Detention, or Parole. –
Whenever provisions of this chapter relative to the commitment, detention, or parole of the mentally ill by criminal proceedings require that a hearing be conducted by the superior court, such hearing shall be ordered in accordance with the following requirements:
I. Such person shall have the right to be represented by counsel and shall have the right to present independent testimony. The court shall appoint counsel for such person whom it finds to be indigent and who is not represented by counsel, unless such person refuses the appointment of counsel.
II. The court may provide an independent medical examination for such indigent person upon the request of his counsel or upon his own request if he is not represented by counsel.
III. The person shall be allowed not less than 2 days after the appearance of his counsel in which to prepare his case and a hearing shall be conducted forthwith after such period unless counsel requests a delay.
IV. Notice of the time and place of hearing shall be furnished by the court to the commissioner, the person, his counsel, and his nearest relative or guardian.
V. The person or the commissioner may request either an open or a closed hearing and the court in its discretion may grant such a request.