ROBERT L. EHRLICH, JR., Governor                             Ch. 441

(b)     After review of the petition, the court shall endorse the petition if the court
finds probable cause to believe that the emergency evaluee has shown the symptoms
of a mental disorder and that [there appears to be clear and imminent danger of the
emergency evaluee's doing bodily harm to the emergency evaluee or another] THE
INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF THE INDIVIDUAL OR
OF OTHERS.

(c)      If the court does not find probable cause, the court shall indicate that fact
on the petition, and no further action may be taken under the petition.

10-626.

(a)     A court may order, at any time, an emergency evaluation under Part IV of
this subtitle of an individual who has been arrested, if the court finds probable cause
to believe that the individual has a mental disorder and [there appears to be clear
and imminent danger of the individual's doing bodily harm to the individual or
another] THE INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF THE
INDIVIDUAL OR OF OTHERS.

(b)     The court order for an emergency evaluation shall state the grounds.

(c)      Unless the court directs otherwise, an individual who is taken to an
emergency facility under this section shall stay in the custody of the peace officer
until the individual either is admitted to an appropriate facility or returned to the
court or an appropriate jail.

(d)     If an individual was detained lawfully before the court ordered an
emergency evaluation under this section and the individual does not meet the
requirements for involuntary admission under this subtitle:

(1)     The examining physician shall send a brief report of the evaluation to
the court; and

(2)     The peace officer shall:

(i) Return to the court the individual, the court order, and the
report of the examining physician; or

(ii) If the court is not in session, take the individual to an
appropriate jail and, before the end of the next day that the court is in session, return
to the court the individual and the report of the examining physician.

(e)     A court order under this section is a detainer against an individual until:

(1)     The charges against the individual are dismissed, nol prossed, or
stetted; or

(2)     The individual appears in court.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

Approved May 22, 2003.

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