62A-15-629 - Temporary commitment -- Requirements and procedures.
62A-15-629. Temporary commitment -- Requirements and procedures.
(1) (a) An adult may be temporarily, involuntarily committed to a local mental healthauthority upon:
(i) written application by a responsible person who has reason to know, stating a beliefthat the individual is likely to cause serious injury to himself or others if not immediatelyrestrained, and stating the personal knowledge of the individual's condition or circumstanceswhich lead to that belief; and
(ii) a certification by a licensed physician or designated examiner stating that thephysician or designated examiner has examined the individual within a three-day periodimmediately preceding that certification, and that he is of the opinion that the individual ismentally ill and, because of his mental illness, is likely to injure himself or others if notimmediately restrained.
(b) Application and certification as described in Subsection (1)(a) authorizes any peaceofficer to take the individual into the custody of a local mental health authority and transport theindividual to that authority's designated facility.
(2) If a duly authorized peace officer observes a person involved in conduct that gives theofficer probable cause to believe that the person is mentally ill, as defined in Section 62A-15-602, and because of that apparent mental illness and conduct, there is a substantiallikelihood of serious harm to that person or others, pending proceedings for examination andcertification under this part, the officer may take that person into protective custody. The peaceofficer shall transport the person to be transported to the designated facility of the appropriatelocal mental health authority pursuant to this section, either on the basis of his own observation oron the basis of a mental health officer's observation that has been reported to him by that mentalhealth officer. Immediately thereafter, the officer shall place the person in the custody of thelocal mental health authority and make application for commitment of that person to the localmental health authority. The application shall be on a prescribed form and shall include thefollowing:
(a) a statement by the officer that he believes, on the basis of personal observation or onthe basis of a mental health officer's observation reported to him by the mental health officer, thatthe person is, as a result of a mental illness, a substantial and immediate danger to himself orothers;
(b) the specific nature of the danger;
(c) a summary of the observations upon which the statement of danger is based; and
(d) a statement of facts which called the person to the attention of the officer.
(3) A person committed under this section may be held for a maximum of 24 hours,excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, theperson shall be released unless application for involuntary commitment has been commencedpursuant to Section 62A-15-631. If that application has been made, an order of detention may beentered under Subsection 62A-15-631(3). If no order of detention is issued, the patient shall bereleased unless he has made voluntary application for admission.
(4) Transportation of mentally ill persons pursuant to Subsections (1) and (2) shall beconducted by the appropriate municipal, or city or town, law enforcement authority or, under theappropriate law enforcement's authority, by ambulance to the extent that Subsection (5) applies. However, if the designated facility is outside of that authority's jurisdiction, the appropriatecounty sheriff shall transport the person or cause the person to be transported by ambulance to the
extent that Subsection (5) applies.
(5) Notwithstanding Subsections (2) and (4), a peace officer shall cause a person to betransported by ambulance if the person meets any of the criteria in Section 26-8a-305. Inaddition, if the person requires physical medical attention, the peace officer shall direct thattransportation be to an appropriate medical facility for treatment.
Renumbered and Amended by Chapter 8, 2002 Special Session 5