HARRY HUGHES, Governor
3611
(M) (1) NO LIABILITY EITHER CIVIL OR CRIMINAL SHALL
ATTACH TO ANY PETITIONER WHO SUBMITS OR COMPLETES A PETITION
IN GOOD FAITH AND WITH REASONABLE GROUNDS.
(2) NO LIABILITY EITHER CIVIL OR CRIMINAL SHALL
ATTACH TO ANY PEACE OFFICER WHO ACTS AS A CUSTODIAN OF THE
EMERGENCY EVALUEE AND WHO ACTS IN GOOD FAITH AND WITH
REASONABLE GROUNDS.
22A.
(A) (1) ANY TIME SUBSEQUENT TO THE ARREST OF ANY
PERSON, THE COURT MAY ORDER THE EMERGENCY EVALUATION OF THE
PERSON, UNDER § 22 OF THIS ARTICLE, IF IT SHALL APPEAR TO
THE COURT THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT THE
PERSON IS SUFFERING FROM A MENTAL DISORDER AND IS IN CLEAR
AND IMMINENT DANGER OF CAUSING PERSONAL HARM TO HIMSELF OR
OTHERS.
(2) IF THE COURT ORDERS EMERGENCY EVALUATION,
THE COURT SHALL STATE THE GROUNDS FOR ITS DECISION IN THE
ORDER.
(B) THE PROVISIONS OF § 22(F) OF THIS ARTICLE APPLY TO
THE TRANSPORTATION OF THE PERSON TO THE CLOSEST DESIGNATED
EMERGENCY FACILITY UNDER THIS SECTION EXCEPT THAT, UNLESS
THE COURT DIRECTS OTHERWISE, THE PERSON SHALL REMAIN IN THE
CUSTODY OF A PEACE OFFICER UNTIL THE PERSON IS PLACED IN AN
APPROPRIATE FACILITY OR THE PERSON IS RETURNED TO COURT OR
THE APPROPRIATE DETENTION CENTER. THE PROVISIONS OF § 22(L)
APPLY TO THE PAYMENT OF THE COST OF THE INITIAL CONSULTANT
PHYSICIAN EXAMINATION AND TRANSPORTATION OF THE PERSON UNDER
THIS SECTION.
(C) THE PROVISIONS OF SUBSECTIONS (G), (H), AND (I) OF
§ 22 APPLY TO THE EXAMINATION, RELEASE, AND PLACEMENT OF THE
PERSON UNDER THIS SECTION EXCEPT THAT IF THE EXAMINING
PHYSICIAN CONCLUDES THAT THE PERSON DOES NOT MEET THE
CRITERIA FOR INVOLUNTARY ADMISSION, THE EXAMINING PHYSICIAN
SHALL ATTACH A BRIEF REPORT OF THE EVALUATION TO THE COURT
ORDER AND THE PEACE OFFICER SHALL RETURN THE PERSON, ALONG
WITH A COPY OF THE COURT ORDER AND THE EXAMINING PHYSICIAN'S
REPORT, TO THE COURT OR, IF THE COURT IS NOT IN SESSION, TO
THE APPROPRIATE DETENTION CENTER IF THE PERSON COULD HAVE
BEEN LAWFULLY DETAINED PRIOR TO THE COURT ORDER OF
EVALUATION.
(D) IF THE PERSON IS RETURNED TO THE DETENTION CENTER,
THE PERSON SHALL BE PRESENTED TO THE COURT ALONG WITH THE
EXAMINING PHYSICIAN'S NOTE PRIOR TO THE CONCLUSION OF THE
NEXT DAY IN WHICH THE COURT IS IN SESSION.
(E) AN ORDER OF COURT UNDER THIS SECTION SHALL SERVE
AS A DETAINER AGAINST ANY PERSON SUBJECT TO THE PROVISIONS
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