§ 20-64-812 — Absence from receiving facility or program

(a) (1) Treatment staff shall immediately inform the prosecuting attorney of the county where the receiving facility or program is located if, in the opinion of the treatment staff, a person who voluntarily admitted himself or herself meets the criteria for involuntary commitment set forth in this subchapter and the person has absented himself or herself from the receiving facility or program. (2) The prosecuting attorney shall initiate an involuntary commitment under this subchapter against the person. (3) (A) Statements made by the prosecuting attorney in furtherance of the petition shall not be deemed to be a disclosure. (B) Statements made by the treating staff to the prosecuting attorney shall be treated as confidential, and the prosecuting attorney shall remain subject to the confidentiality requirements as set forth in state and federal law, rules, and regulations. (b) If any person shall, during a period of involuntary commitment, absent himself or herself from the receiving facility or program without leave, he or she may be returned by receiving facility or program security personnel or law enforcement officers without further proceedings. The circuit courts of this state are hereby authorized to enter such orders as may be necessary to effect the return.

Legislative History

Amended by Act 2019, No. 315,§ 2235, eff. 7/24/2019. Acts 1989 (3rd Ex. Sess.), No. 10, § 5; 1995, No. 1268, § 5.