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§43A-5-413.


§43A-5-413.
   
   A. When a request for an order of prehearing detention is attached to
   a petition alleging a person to be a mentally ill person and a person
   requiring treatment, the district court shall determine whether there
   is probable cause to detain the person who is the subject of the
   petition prior to a hearing on the petition.
   
   1. If the court issues an order for detention, it shall immediately
   set a date, time, and place for a hearing on the petition.
   
   2. The period of prehearing detention shall not exceed seventy-two
   (72) hours, excluding weekdays and holidays. Prehearing detention may
   be extended to coincide with any order of continuance entered by the
   court.
   
   B. If the court finds that probable cause to detain the person alleged
   to be a mentally ill person requiring treatment does not exist, the
   court shall dismiss the request and, if the person is being held in
   protective custody or emergency detention, order the person released
   and returned to the point where such person was taken into protective
   custody.
   
   C. If the court finds that probable cause to detain the person alleged
   to be a mentally ill person requiring treatment does exist:
   
   1. An order may be entered authorizing any peace officer to take that
   person into custody and to detain such person in a suitable facility
   prior to the hearing on the petition; or
   
   2. If the person is being held in emergency detention, the court may
   issue an order authorizing the facility to detain the person prior to
   a hearing on the petition.
   
   A certified copy of an order of prehearing detention shall constitute
   authority for a facility to detain or to continue to detain the person
   who is the subject of the order.
   

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