25-03.1-25. The superintendent or director shall require an immediate examination of
216 words·~1 min read·
/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-25-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
the subject.
2. Within seventy-two hours after admission as medically necessary, the superintendent
or director shall:
a. Release the individual if the superintendent or director finds that the subject does
not meet emergency commitment standards; or
b. File a petition if one has not been filed with the court of the individual's residence
or the court which directed immediate custody under subsection 2 of section
25-03.1-25, giving notice to the court and stating in detail the circumstances and
facts of the case.
3. Upon receipt of the petition and notice of emergency detention, the magistrate shall
set a date for a preliminary hearing, if the respondent is alleged to be an individual
who is mentally ill or an individual who is mentally ill and has a substance use disorder,
or a treatment hearing, if the respondent is alleged to be an individual who has a
substance use disorder, to be held no later than five days, exclusive of weekends and
holidays, after detention unless the individual has been released as an individual not
requiring treatment, has been voluntarily admitted for treatment, has requested or
agreed to a continuance, or unless the hearing has been extended by the magistrate
for good cause shown. The magistrate shall appoint counsel if one has not been
retained by the respondent.