53-21-154. 72-hour mental health hold.
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/mt/title-53/chapter-21/part-1/53-21-154·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
53-21-154 . 72-hour mental health hold.
(a)An individual may be placed in a mental health facility as defined in 53-21-102 or a crisis stabilization facility as described in 53-21-1403 for a period up to 72 hours at the written request of a mental health professional as defined in 53-21-102 if the individual, as a result of a mental disorder, meets one or more of the following criteria:
(i)the individual is unable to provide for the individual's own basic needs of food, clothing, shelter, health, or safety;
(ii)the individual causes injury to the individual's self or to others; or
(iii)the individual is an imminent threat to the individual's self or to others.
(b)The 72-hour period begins at the time when the individual is first detained.
(c)The county attorney and the office of the state public defender must be immediately notified of the individual detained and of the facts justifying the detention.
(2)The county may authorize transportation to an appropriately licensed facility within the state if there is not an appropriate mental health facility or crisis stabilization facility within the county where the individual is located or the individual's county of residence.
(3)A mental health professional shall evaluate the individual as soon as possible after the individual is admitted for care. The evaluation must occur within the first 24 hours of the 72-hour hold.
(4)The mental health professional shall write a report of the evaluation and shall provide a copy of the report to the individual, the county attorney, and the office of the state public defender. The report must state:
(a)recommendations for further treatment, if any; and
(b)whether it is the opinion of the mental health professional that further commitment, including a petition for commitment under 53-21-121 , may be necessary.
(5)During the course of the 72-hour hold, the individual may consent to take any medication to stabilize the individual's mental disorder but may not refuse any lifesaving medication considered necessary by a professional person as defined in 53-21-102 .
(6)At any time during the 72-hour hold, the individual may be released if, in the opinion of the mental health professional, the individual no longer requires further treatment.
(7)On expiration of the 72-hour hold:
(a)the individual may be released with no further treatment recommendations;
(b)the individual may be referred to further care and treatment on a voluntary basis; or
(c)the county attorney may file a petition for commitment under 53-21-121 .