25-03.1-06. Right to release on application - Exception - Judicial proceedings.
147 words·~1 min read·
/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-06·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An individual voluntarily admitted for inpatient treatment to a treatment facility or the state hospital must be orally advised of the right to release and must be further advised in writing of the rights under this chapter. A voluntary patient who requests release must be immediately
released. However, if the superintendent or the director determines the patient is a person requiring treatment, the release may be postponed until a petition for involuntary commitment has been filed with the clerk of court and judicial proceedings for involuntary treatment have been held in the county in which the hospital or facility is located. The patient must be served the petition within twenty-four hours, exclusive of weekends and holidays, from the time release is requested, unless extended by the magistrate for good cause shown. The treatment hearing must be held within seven days from the time the petition is served.