§ 20-64-816 — Petition for immediate detention

(a) Any person filing a petition for involuntary commitment may append thereto a petition for immediate detention. (b) The request for immediate detention shall be verified and shall: (1) State with particularity facts personally known to the affiant which establish reasonable cause to believe the person is in imminent danger of death or serious bodily harm; (2) State whether the person is currently detained in a designated receiving facility or program; and (3) Contain a specific prayer that the person be immediately detained at a designated receiving facility or program pending a hearing. (c) If, based on the petition for involuntary commitment and request for immediate confinement, the judge finds a reasonable cause to believe the person meets the criteria set forth in this subchapter for involuntary commitment and that the person is in imminent danger of death or serious bodily harm, the court may grant the request and order a law enforcement officer to place the person in immediate detention at a designated receiving facility or program for treatment pending a hearing to be scheduled and conducted pursuant to § 20-64-821 . (d) Personal service of the petition and order of immediate detention must be made by a law enforcement officer, who shall, at the time of service, take the person into custody and immediately deliver the person to a designated receiving facility or program.

Legislative History

Acts 1989 (3rd Ex. Sess.), No. 10, § 7; 1991, No. 150, § 2; 1995, No. 1268, § 7; 1997, No. 1246, § 3.