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

* § 9.43 Emergency  admissions  for  immediate  observation,  care,  and             treatment; powers of courts.    (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  * § 9.43 Emergency  admissions  for  immediate  observation,  care,  and             treatment; powers of courts.    (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 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  others as defined in section 31.39, 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 others, the court shall issue a  civil  order  directing  his  removal  to  any  hospital specified in subdivision (a) of section 31.39  willing to receive such person for a determination by  the  director  of  such hospital 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 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 July 1, 2012