§ 40.1-22-17 — § 40.1-22-17. Refusal to discharge.

§ 40.1-22-17. Refusal to discharge.

(a) When the official in charge of any facility is unwilling to certify to the discharge of an unimproved client upon request, and so certifies in writing, noting his or her reasons therefor, in the client's record, he or she shall give a copy thereof to the person applying for the release and to the director.

(b) If provisions for the review of the question of the client's detention as elsewhere provided in this chapter are not available to the client, then recourse may be had to a justice of the district court for a hearing upon the matter set forth in the record provided for in subsection (a). At a hearing the burden of proving the lack of need of retention for further care and treatment shall be upon the person petitioning for the release of the client. At a hearing the court may enter such an order as the exigencies of the case, as disclosed by the evidence, may require.

Legislative History

P.L. 1970, ch. 324, § 1; P.L. 1978, ch. 195, § 1; G.L. 1956, § 23-43.1-17; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.