§ 43A-7-107. Escape or leave without permission - Notice - Discharge or convalescent leave - Apprehension.

A.  When a facility within the Department of Mental Health and Substance Abuse Services has a consumer leave without permission, or escape, the executive director of the facility shall notify a relative of the consumer, or, in the event the consumer has been admitted in accordance with a court order, the judge of the court ordering the consumer to the hospital.

B.  Should a consumer, other than one admitted in accordance with a court order, absent from the hospital without permission, not cause trouble in the community to which he goes, the consumer may be discharged or given convalescent leave at the discretion of the executive director of the hospital.

C.  Any other consumer, escaped or absent without permission, who has to be returned to the hospital shall be returned by the relatives or friends or, in the event of their failure to return the escaped individual, it shall be the responsibility and duty of officers of the county wherein the individual is present to apprehend the individual and return the consumer to the appropriate facility.  It shall be the duty of any municipal law enforcement officer to directly return such consumer if the facility is located within the boundaries of the governmental entity employing the officer.

D.  The governmental entity employing the law enforcement officers shall reimburse the officers for necessary travel expense as provided by law.

Added by Laws 1953, p. 170, § 78, emerg. eff. June 3, 1953.  Amended by Laws 1976, c. 72, § 1, emerg. eff. April 27, 1976; Laws 1986, c. 103, § 85, eff. Nov. 1, 1986.  Renumbered from § 78 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 2005, c. 150, § 61, emerg. eff. May 9, 2005.