§ 26B-5-506 — Failure to comply with court order.

(1) The provisions of this section apply after a respondent has been afforded full due process rights, as provided in this Essential Treatment and Intervention Act, including notice, an opportunity to respond and appear at a hearing, and, as applicable, the court's finding that the evidence meets the clear and convincing standard, as described in Section 26B-5-504, for a court to order essential treatment and intervention.
(2) When a respondent fails to comply with a court order issued under Subsection 26B-5-505(2)(d) or (10), the court may:

(2)(a) find the respondent in contempt under Subsection 78B-6-301(5); and
(2)(b) issue a warrant of commitment under Section 78B-6-312.
(3) When a peace officer executes a warrant issued under this section, the officer shall take the respondent into protective custody and transport the respondent to the location specified by the court.
(4) Notwithstanding Subsection (3), if a peace officer determines through the peace officer's experience and training that taking the respondent into protective custody or transporting the respondent would increase the risk of substantial danger to the respondent or others, a peace officer may exercise discretion to not take the respondent into custody or transport the respondent, as permitted by policies and procedures established by the peace officer's law enforcement agency and any applicable federal or state statute, or case law.

Legislative History

Renumbered and Amended by Chapter 308, 2023 General Session