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Session Laws, 1977
Volume 735, Page 3111   View pdf image
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3111
MARVIN MANDEL, Governor
to furnish in the petition the names and addresses of the
spouse, children, parents, or relatives of the emergency admittee, or any person known to be interested in the emergency admittee. The peace officer with whom the petition is filed, unless he, himself, is the petitioner, shall explain to every petitioner the serious nature of the petition and the meaning and content of the petition
shall be explained to any petitioner who cannot read. (d)    If the petitioner is anyone other than a peace officer of the rank of sergeant__or higher or a duly licensed physician, then the petition accompanied by the petitioner shall be presented to a judge of the District Court or of the circuit court for an immediate review and determination by such judge as to whether there is probable cause to believe that the emergency admittee has the symptoms of a mental disorder and appears to be in clear and imminent danger of causing grave and immediate personal harm to himself or others. If the judge shall make such findings, he shall endorse the petition by affixing his signature thereto after which the emergency admittee may be detained for a period of 96 hours at the end of which period the emergency admittee's detention under the provisions of this section shall terminate, but if the judge shall not endorse the petition, he shall likewise indicate the fact on the petition, and no further action shall be taken under that petition. IF THE
COURT FINDS THAT A PETITION FOR EMERGENCY ADMISSION UNDER
THIS SECTION FALLS WITHIN THE COVERAGE OF § 13-709 OF THE
ESTATES AND TRUSTS ARTICLE, IT SHALL TREAT THE PETITION AS IF IT WERE A PETITION FOR AN ORDER FOR EMERGENCY PROTECTIVE SERVICES UNDER THAT SECTION AND SHALL CONDUCT
THE PROCEEDINGS AND MAKE FINDINGS IN ACCORDANCE, WITH THAT
SECTION. (e)    If the petitioner is a peace officer of the rank of sergeant or higher or a duly licensed physician, the petition shall receive judicial review within twenty—four (24) hours of the time the emergency admittee was taken into custody. The judicial review shall consist of a hearing before any judge of a District Court or circuit court for the purpose of reviewing the petition, interviewing the petitioner and considering all the other pertinent data, including the report or findings of the emergency facility where the emergency admittee is being detained, on the basis of all of which the court shall make a finding to be endorsed on the petition as to the existence of probable cause to detain the emergency admittee for an additional period of ninety-six (96) hours, at the end of which period the emergency admittee's detention under the provisions of this subtitle shall terminate. If the judge shall not so endorse the petition, he shall likewise indicate the fact on the petition, and no further action shall be taken under that petition and the emergency admittee shall be forthwith released from custody as hereinafter set out. IF THE COURT FINDS THAT A PETITION FOR EMERGENCY ADMISSION UNDER THIS SECTION FAILS WITHIN THE


 
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Session Laws, 1977
Volume 735, Page 3111   View pdf image
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