Legislation
SECTION 9.35
Review of court authorization to retain an involuntary patient
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
§ 9.35 Review of court authorization to retain an involuntary patient.
If a person who has been denied release or whose retention, continued
retention, or transfer and continued retention has been authorized
pursuant to this article, or any relative or friend in his behalf, be
dissatisfied with any such order he may, within thirty days after the
making of any such order, obtain a rehearing and a review of the
proceedings already had and of such order upon a petition to a justice
of the supreme court other than the judge or justice presiding over the
court making such order. Such justice shall cause a jury to be summoned
and shall try the question of the mental illness and the need for
retention of the patient so authorized to be retained. Any such patient
or the person applying on his behalf for such review may waive the trial
of the fact by a jury and consent in writing to trial of such fact by
the court. No such petition for rehearing and review shall be made by
anyone other than the person so authorized to be retained or the father,
mother, husband, wife, or child of such person, unless the petitioner
shall have first obtained the leave of the court upon good cause shown.
If the verdict of the jury, or the decision of the court when jury trial
has been waived, be that such person does not have a mental illness or
is not in need of retention the justice shall forthwith discharge him,
but if the verdict of the jury, or the decision of the court where a
jury trial has been waived, be that such person has a mental illness and
is in need of retention the justice shall certify that fact and make an
order authorizing continued retention under the original order. Such
order shall be presented, at the time of authorization of continued
retention of such mentally ill person, to, and filed with, the director
of the hospital in which the person with a mental illness is authorized
to be retained, and a copy thereof shall be forwarded to the department
by such director and filed in the office thereof. Proceedings under the
order shall not be stayed pending an appeal therefrom, except upon an
order of a justice of the supreme court, made upon a notice and after a
hearing, with provisions made therein for such temporary care or
confinement of the alleged person with a mental illness as may be deemed
necessary.
If a person who has been denied release or whose retention, continued
retention, or transfer and continued retention has been authorized
pursuant to this article, or any relative or friend in his behalf, be
dissatisfied with any such order he may, within thirty days after the
making of any such order, obtain a rehearing and a review of the
proceedings already had and of such order upon a petition to a justice
of the supreme court other than the judge or justice presiding over the
court making such order. Such justice shall cause a jury to be summoned
and shall try the question of the mental illness and the need for
retention of the patient so authorized to be retained. Any such patient
or the person applying on his behalf for such review may waive the trial
of the fact by a jury and consent in writing to trial of such fact by
the court. No such petition for rehearing and review shall be made by
anyone other than the person so authorized to be retained or the father,
mother, husband, wife, or child of such person, unless the petitioner
shall have first obtained the leave of the court upon good cause shown.
If the verdict of the jury, or the decision of the court when jury trial
has been waived, be that such person does not have a mental illness or
is not in need of retention the justice shall forthwith discharge him,
but if the verdict of the jury, or the decision of the court where a
jury trial has been waived, be that such person has a mental illness and
is in need of retention the justice shall certify that fact and make an
order authorizing continued retention under the original order. Such
order shall be presented, at the time of authorization of continued
retention of such mentally ill person, to, and filed with, the director
of the hospital in which the person with a mental illness is authorized
to be retained, and a copy thereof shall be forwarded to the department
by such director and filed in the office thereof. Proceedings under the
order shall not be stayed pending an appeal therefrom, except upon an
order of a justice of the supreme court, made upon a notice and after a
hearing, with provisions made therein for such temporary care or
confinement of the alleged person with a mental illness as may be deemed
necessary.