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Session Laws, 1979
Volume 737, Page 1959   View pdf image
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HARRY HUGHES, Governor

1959

emergency admittee may be detained 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 TRANSPORTED BY
EMERGENCY VEHICLE TO THE CLOSEST DESIGNATED EMERGENCY
FACILITY WITH THE ASSISTANCE OF A PEACE OFFICER IF
NECESSARY. IT IS NOT THE DUTY OF THE PEACE OFFICER TO
ASSIST AFTER THE ASSUMPTION OF RESPONSIBILITY FOR AN
EMERGENCY ADMITTEE BY A HOSPITAL. UNLESS A PHYSICIAN AT THE
FACILITY REQUESTS THE OFFICER IN WRITING TO CONTINUE HIS
ASSISTANCE. THE EMERGENCY ADMITTEE MAY BE DETAINED IN THE
EMERGENCY FACILITY 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, UNLESS WITHIN 6 HOURS OF SUCH
CUSTODY, THE EMERGENCY ADMITTEE IS CERTIFIED FOR INVOLUNTARY
ADMISSION UNDER SECTION 12 OF THIS ARTICLE, IN WHICH CASE,
THE JUDICIAL REVIEW SHALL CONSIST OF THE COURT'S REVIEW OF
THE PETITION AND THE CERTIFICATE OF INVOLUNTARY COMMITMENT.
[The] EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THE
judicial review OF A PETITION FOR EMERGENCY ADMISSION 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

 

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Session Laws, 1979
Volume 737, Page 1959   View pdf image
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