Section 9.43. Emergency admissions for immediate observation, care, and treatment; powers of courts  


Latest version.
  • (a) Whenever any court of inferior or general jurisdiction is informed
      by verified statement that a person is apparently mentally  ill  and  is
      conducting  himself  or herself in a manner which in a person who is not
      mentally ill would be deemed disorderly conduct or which  is  likely  to
      result  in  serious harm to himself or herself, such court shall issue a
      warrant directing that such person be brought before it. If,  when  said
      person  is  brought  before  the  court, it appears to the court, on the
      basis of evidence presented to it, that such person has or  may  have  a
      mental  illness  which is likely to result in serious harm to himself or
      herself or others, the court shall issue a civil order directing his  or
      her removal to any hospital specified in subdivision (a) of section 9.39
      or   any   comprehensive  psychiatric  emergency  program  specified  in
      subdivision (a) of section 9.40, willing to receive such  person  for  a
      determination  by  the director of such hospital or program whether such
      person should be retained therein pursuant to such section.
        (b) Whenever a person before a court in a criminal action  appears  to
      have  a  mental  illness  which  is  likely to result in serious harm to
      himself or herself or others and the court determines  either  that  the
      crime  has  not  been committed or that there is not sufficient cause to
      believe that such person is guilty thereof, the court may issue a  civil
      order  as  above  provided,  and in such cases the criminal action shall
      terminate.
        * NB Effective until July 1, 2012