§ 43A-5-209. Additional period of detention - Petition - Order - Notification of interested parties of detention.

A.  A person may be detained in emergency detention more than one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, only if the facility in which the person being detained is presented with a copy of an order of the district court authorizing further detention.  Such order may be entered by the court only after a petition has been filed seeking involuntary commitment or treatment pursuant to the provisions of Section 5-410 of this title.

B.  If a copy of an order for further detention is not delivered to the facility by the end of the period of emergency detention, the person alleged to be a mentally ill person, an alcohol-dependent person, or a drug-dependent person and a person requiring treatment shall be discharged from the facility in which detained unless said person has applied for voluntary treatment.

C.  The person being held in protective custody or emergency detention shall be asked to designate any person whom such person wishes informed regarding the detention.  If the person being held in protective custody is incapable of making such designation, the peace officer holding the person in protective custody shall notify within twenty-four (24) hours of taking the person into protective custody, other than the person initiating the request for protective custody, the attorney, parent, spouse, guardian, brother, sister, or child who is at least eighteen (18) years of age of the person.  Failure of the sheriff to find such person shall within a reasonable time be reported to the administrator of the facility.  Such fact shall be made a part of the records of the facility for the person being detained.

Added by Laws 1988, c. 260, § 7, eff. Nov. 1, 1988.  Amended by Laws 1997, c. 387, § 3, eff. Nov. 1, 1997; Laws 1998, c. 144, § 2, emerg. eff. April 22, 1998; Laws 2003, c. 46, § 37, emerg. eff. April 8, 2003; Laws 2010, c. 287, § 27, eff. Nov. 1, 2010.