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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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