62A-5-311 - Temporary emergency commitment -- Observation and evaluation.
62A-5-311. Temporary emergency commitment -- Observation and evaluation.
(1) The director of the division or his designee may temporarily commit an individual tothe division and therefore, as a matter of course, to a mental retardation facility for observationand evaluation upon:
(a) written application by a responsible person who has reason to know that theindividual is in need of commitment, stating:
(i) a belief that the individual has mental retardation and is likely to cause serious injuryto self or others if not immediately committed;
(ii) personal knowledge of the individual's condition; and
(iii) the circumstances supporting that belief; or
(b) certification by a licensed physician or designated mental retardation professionalstating that the physician or designated mental retardation professional:
(i) has examined the individual within a three-day period immediately preceding thecertification; and
(ii) is of the opinion that the individual has mental retardation, and that because of theindividual's mental retardation is likely to injure self or others if not immediately committed.
(2) If the individual in need of commitment is not placed in the custody of the director orhis designee by the person submitting the application, the director or his designee may certify,either in writing or orally that the individual is in need of immediate commitment to preventinjury to self or others.
(3) Upon receipt of the application required by Subsection (1)(a) and the certificationsrequired by Subsection (1)(b) and Subsection (2), a peace officer may take the individual namedin the application and certificates into custody, and may transport the individual to a designatedmental retardation facility.
(4) (a) An individual committed under this section may be held for a maximum of 24hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time, theindividual shall be released unless proceedings for involuntary commitment have beencommenced under Section 62A-5-312.
(b) After proceedings for involuntary commitment have been commenced the individualshall be released unless an order of detention is issued in accordance with Section 62A-5-312.
(5) If an individual is committed to the division under this section on the application ofany person other than the individual's legal guardian, spouse, parent, or next of kin, the directoror his designee shall immediately give notice of the commitment to the individual's legalguardian, spouse, parent, or next of kin, if known.
Amended by Chapter 114, 2004 General Session