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(a) The Referred Individual shall have the following rights:
(1) To receive personal service of all notices of hearings, as well as notice to parties designated by the Referred Individual;
(2) To receive a copy of the court ordered evaluation;
(3) To be represented by counsel, and if the Referred Individual cannot afford counsel, to be represented by the Public Defender;
(4) To be present at all hearings, unless the Referred Individual knowingly waives such right;
(5) To be informed of the right to judicial review by habeas corpus;
(6) To present evidence, call and examine witnesses, and cross-examine witnesses, at the AOT hearing; and
(7) To be informed of the right to appeal the court's decisions.
(b) If Referred Individual is not present at the AOT hearing, and the court orders AOT for the Referred Individual, the Referred Individual may file a habeas corpus petition challenging the court's imposition of AOT on the Referred Individual, and AOT may not commence until that petition is resolved.
(c) During each 60-day period of AOT, the Referred Individual may file a habeas corpus petition to require the Director, or the Director’s designee, to prove that the Referred Individual still meets all the criteria for AOT, as set forth in Section 4115(b).
(d) If the Referred Individual refuses to participate in AOT, the court may order the Referred Individual to meet with the AOT Team designated by the Director. The AOT Team shall attempt to gain the Referred Individual cooperation with the treatment plan ordered by the court. If the Referred Individual is still not cooperative, he or she may be subject to a 72-hour hold pursuant to the requirements of California Welfare and Institutions Code § 5346(f).
(e) Except as stated in subsection (d), failure by the Referred Individual to comply with AOT is not a basis for involuntary civil commitment, or contempt of court.
(f) Involuntary medication is not authorized under AOT without a separate and specific court order.
(g) The court may order no more than six months of AOT. If the Director, or Director's designee, determines that further AOT for the Referred Individual is appropriate, the Director must, prior to the expiration of the initial period, apply to the court for authorization to extend the time for a period not to exceed an additional 180 days.
(h) Every 60 days, the Director, or Director’s designee must file an affidavit with the court affirming that the Referred Individual continues to meet the criteria for AOT, as set forth in Section 4115(b). If the Referred Individual disagrees with this affidavit, he or she shall have the right to a hearing, at which the Director shall have the burden of proving that the Referred Individual continues to meet the criteria for AOT.