§ 121366. — 121366. (Added by Stats. 1995, Ch. 415, Sec. 7.)

California § 121366.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 105.: DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL
• Part 5.: PART 5. TUBERCULOSIS
• Ch. 1.: CHAPTER 1. Tuberculosis Control

Text

The local health officer may detain in a hospital or other appropriate place for examination or treatment, a person who is the subject of an order of detention issued pursuant to subdivision (a), (d), or (e) of Section 121365 without a prior court order except that when a person detained pursuant to subdivision (a), (d), or (e) of Section 121365 has requested release, the local health officer shall make an application for a court order authorizing the continued detention within 72 hours after the request or, if the 72-hour period ends on a Saturday, Sunday, or legal holiday, by the end of the first business day following the Saturday, Sunday, or legal holiday, which application shall include a request for an expedited hearing. After the request for release, detention shall not continue for more than five business days in the absence of a court order authorizing detention. However, in no event shall any person be detained for more than 60 days without a court order authorizing the detention. The local health officer shall seek further court review of the detention within 90 days following the initial court order authorizing detention and thereafter within 90 days of each subsequent court review. In any court proceeding to enforce a local health officer’s order for the removal or detention of a person, the local health officer shall prove the particularized circumstances constituting the necessity for the detention by clear and convincing evidence. Any person who is subject to a detention order shall have the right to be represented by counsel and upon the request of the person, counsel shall be provided.

Legislative History

Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.