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Session Laws, 1981
Volume 741, Page 3605   View pdf image
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HARRY HUGHES, Governor

3605

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, a duly licensed physician, or a certified
psychologist, 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 of 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 by emergency vehicle to the closest designated
emergency facility where the 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, 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
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.
Except as provided in the preceding sentence, the judicial
review of a petition for emergency admission shall consist

 

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Session Laws, 1981
Volume 741, Page 3605   View pdf image
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