1708

LAWS OF MARYLAND

Ch. 517

(4)    STATEMENTS MADE IN THE PETITION ARE UNDER
THE PENALTIES OF PERJURY.

(5)    NO LIABILITY, EITHER CIVIL OR CRIMINAL,
SHALL ATTACH TO ANY SUCH PETITIONER WHO FILES A PETITION IN
GOOD FAITH AND WITH REASONABLE GROUNDS. NO LIABILITY,
EITHER CIVIL OR CRIMINAL SHALL ATTACH TO ANY PEACE OFFICER
WHO ACTS AS A CUSTODIAN OF THE EMERGENCY ADMITTEE AND WHO
ACTS IN GOOD FAITH AND WITH REASONABLE GROUNDS.

(C)    IF THE PETITIONER IS ANYONE OTHER THAN A PEACE
OFFICER OF THE RANK OF SERGEANT OR HIGHER, A DULY LICENSED
PHYSICIAN, OR THE LOCAL HEALTH OFFICER, AS DESCRIBED BY
SECTIONS 46 AND 47 OF ARTICLE 43, OR HIS DESIGNEE, 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 THE 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 OR CAUSING GRAVE
AND IMMEDIATE PERSONAL HARM TO HIMSELF OR OTHERS. IF THE
JUDGE FINDS PROBABLE CAUSE FOR EMERGENCY ADMISSION HE SHALL
ENDORSE THE PETITION BY SIGNING IT, AND THE EMERGENCY
ADMITTEE SHALL BE TAKEN INTO CUSTODY BY A PEACE OFFICER AND
TRANSPORTED TO AN EMERGENCY FACILITY WHERE THE EMERGENCY
ADMITTEE MAY BE DETAINEE FOR A PERIOD OF 96 HOURS BEGINNING
FROM THE TIME HE WAS TAKEN INTO CUSTODY. AT THE END OF THIS
96 HOUR PERIOD THE EMERGENCY ADMITTEE'S DETENTION UNDER THE
PROVISIONS OF THIS SECTION SHALL TERMINATE. IF THE JUDGE
DOES NOT ENDORSE THE PETITION HE SHALL INDICATE THAT 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
SECTION 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.

(D)    IF THE PETITIONER IS A PEACE OFFICER OF THE RANK
OF SERGEANT OR HIGHER, A DULY LICENSED PHYSICIAN, OR THE
LOCAL HEALTH OFFICER, AS DESCRIBED BY SECTIONS 46 AND 47 OF
ARTICLE 43, OR HIS DESIGNEE, THE EMERGENCY ADMITTEE SHALL BE
TAKEN INTO CUSTODY BY A PEACE OFFICER AND TRANSPORTED TO AN
EMERGENCY FACILITY WHERE HE MAY BE DETAINED FOR NOT MORE
THAN 24 HOURS WITHOUT JUDICIAL ENDORSEMENT. THE PETITION
SHALL RECEIVE JUDICIAL REVIEW WITHIN 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, AS OUTLINED IN
SUBSECTION (E), WHERE THE EMERGENCY ADMITTEE IS BEING
DETAINED. ON THE BASIS OF ALL OF THIS INFORMATION THE COURT
SHALL MAKE A FINDING TO BE ENDORSED ON THE PETITION AS TO
THE EXISTENCE OF PROBABLE CAUSE TO DETAIN THE EMERGENCY