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Session Laws, 1979
Volume 737, Page 1691   View pdf image
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HARRY HUGHES, Governor

1691

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, A
CERTIFIED PSYCHOLOGIST, 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 admittee for an additional
period of 96 hours beginning from the time the emergency
admittee was taken into custody, at the end of which period
the emergency admittee's detention under the provisions of
this subtitle shall terminate. If the judge does not
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. 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.

(e)    Within six hours after being taken into custody
and transported to an emergency facility the emergency
admittee shall be examined by a physician OR CERTIFIED
PSYCHOLOGIST
to determine whether the emergency admittee
meets the criteria necessary for an emergency admission.
This criteria is that the emergency admittee has the
symptoms of a mental disorder and the appearance of being in
clear and imminent danger of causing grave and immediate
personal harm to himself or others. If the physician OR
CERTIFIED PSYCHOLOGIST determines that the emergency

 

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Session Laws, 1979
Volume 737, Page 1691   View pdf image
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