(a)If the maximum period of time prescribed by §§ 21-512 , 21-523 , 21-524 , 21-525 , or 21-548 , during which an action or determination may or shall be taken, expires on a Saturday, Sunday, legal holiday, or day on which the Court is closed, the period may be extended to not later than noon of the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which the Court is closed.
(b)If the maximum period of time prescribed by the sections listed in subsection (a) of this section expires between 12:01 a.m. and 12:00 noon on a Monday or the next business day following a legal holiday, the period shall be extended until 12:00 noon of that day, or, when the maximum period of time prescribed by the sections listed in subsection (a) of this section expires on a legal ho
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(a) If the maximum period of time prescribed by §§ 21-512 , 21-523 , 21-524 , 21-525 , or 21-548 , during which an action or determination may or shall be taken, expires on a Saturday, Sunday, legal holiday, or day on which the Court is closed, the period may be extended to not later than noon of the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which the Court is closed.
(b) If the maximum period of time prescribed by the sections listed in subsection (a) of this section expires between 12:01 a.m. and 12:00 noon on a Monday or the next business day following a legal holiday, the period shall be extended until 12:00 noon of that day, or, when the maximum period of time prescribed by the sections listed in subsection (a) of this section expires on a legal holiday, the period shall be extended until 12:00 noon of the next business day.
(c) The maximum period of time for detention for emergency observation and diagnosis may be extended for up to 21 days, if judicial proceedings under subchapter IV of this chapter have been commenced before the expiration of the order entered under § 21-524 and a psychiatrist or qualified psychologist has examined the person who is the subject of the judicial proceedings and is of the opinion that the person being detained remains mentally ill and is likely to injure himself or others as a result of the illness unless the emergency detention is continued. For good cause shown, the Court may extend the period of detention for emergency observation and diagnosis. The period of detention for emergency observation and diagnosis may be extended pursuant to § 21-543(b) or following a hearing before the Commission pursuant to subsections (d) and (e) of this section.
(d) If the Commission, at the conclusion of its hearing pursuant to § 21-542 , has found that the person with respect to whom the hearing was held is mentally ill and, because of the mental illness, is likely to injure himself or others if not committed, and has concluded that a recommendation of inpatient commitment is the least restrictive alternative available to prevent the person from injuring himself or others, the detention for emergency observation and diagnosis may be continued by the Department or hospital —
(1) Pending the conclusion of judicial proceedings under subchapter IV of this chapter ;
(2) Until the Court enters an order discharging the person; or
(3) Until the Department or hospital determines that continued hospitalization is no longer the least restrictive form of treatment appropriate for the person being detained.
(e) If the Commission, at the conclusion of its hearing, finds that the person is mentally ill, is likely to injure himself or other persons as a result of mental illness if not committed, and that outpatient treatment is the least restrictive form of commitment appropriate, then, within 14 days of the date of the hearing, the person shall be discharged from inpatient status and shall receive outpatient mental health services or mental health supports as an emergency nonvoluntary patient consistent with this subchapter, pending the conclusion of judicial proceedings under subchapter IV of this chapter ; except, that the person may agree to remain in an inpatient status on a voluntary basis until an appropriate discharge plan is implemented if the Department agrees that this is an appropriate accommodation.
(1) If it is determined by the Court that transporting the person who is the subject of detention for emergency observation and diagnosis to the courthouse for a hearing under § 21-525 poses a significant risk to the safety and wellbeing of the person, court personnel, or the public, the Court may, upon written request from the chief of service of a hospital, the chief clinical officer of the Department of Behavioral Health or their designee, or the person's attorney, grant a continuance of the hearing. The Court shall consider reasonable alternatives to in-person attendance, such as virtual attendance, in lieu of granting a continuance under this subsection. The continuance shall last no longer than 48 hours and shall take into consideration the nature of the case and the specific circumstances that would warrant a continuance, which may include:
(A) severe weather conditions that pose a safety risk;
(B) threats to the security of the individuals transporting the person who is the subject of detention for emergency observation and diagnosis;
(C) medical conditions of the person that would make transportation unsafe; and
(D) A declaration of a public health emergency that would make an in-person hearing unsafe.
(2) If the Court grants a continuance under paragraph (1) of this subsection, the 48-hour time period for holding a hearing under § 21-525 shall be tolled for the duration of the continuance.