§ 26B-5-361 — Release of voluntary adult -- Exceptions.

(1) Except as provided in Subsection (2), a mental health facility shall immediately release an adult patient:

(1)(a) who is voluntarily admitted, as described in Section 26B-5-360, and who requests release, verbally or in writing; or
(1)(b) whose release is requested in writing by the patient's legal guardian, parent, spouse, or adult next of kin.
(2) (2)(a) An adult patient's release under Subsection (1) may be conditioned upon the agreement of the patient, if:
(2)(a)(i) the request for release is made by an individual other than the patient; or
(2)(a)(ii) the admitting local mental health authority, the designee of the local mental health authority, or the admitting mental health facility has cause to believe that release of the patient would be unsafe for the patient or others.
(2)(b) (2)(b)(i) An adult patient's release may be postponed for up to 48 hours, excluding weekends and holidays, if the admitting local mental health authority, the designee of the local mental health authority, or the admitting mental health facility causes involuntary commitment proceedings to be commenced with the court within the specified time period.
(2)(b)(ii) The admitting local mental health authority, the designee of the local mental health authority, or the admitting mental health facility shall provide written notice of the postponement and the reasons for the postponement to the patient without undue delay.
(3) A judicial proceeding for involuntary commitment may not be commenced with respect to a voluntary patient unless the patient requests release.

Legislative History

Renumbered and Amended by Chapter 308, 2023 General Session