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This entry was published on 2021-10-08
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SECTION 9.43
Emergency assessment for immediate observation, care, and treatment; powers of courts
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
* § 9.43 Emergency assessment for immediate observation, care, and

treatment; powers of courts.

(a) Whenever any court of inferior or general jurisdiction is informed
by verified statement that a person is apparently mentally ill and is
conducting himself or herself in a manner which in a person who is not
mentally ill would be deemed disorderly conduct or which is likely to
result in serious harm to himself or herself, such court shall issue a
warrant directing that such person be brought before it. If, when said
person is brought before the court, it appears to the court, on the
basis of evidence presented to it, that such person has or may have a
mental illness which is likely to result in serious harm to himself or
herself or others, the court shall issue a civil order directing his or
her removal to any hospital specified in subdivision (a) of section 9.39
of this article or any comprehensive psychiatric emergency program
specified in subdivision (a) of section 9.40 of this article, or to any
crisis stabilization center specified in section 36.01 of this chapter
when the court deems such center is appropriate and where such person
voluntarily agrees; that is willing to receive such person for a
determination by the director of such hospital, program or center
whether such person should be received therein pursuant to such section.

(b) Whenever a person before a court in a criminal action appears to
have a mental illness which is likely to result in serious harm to
himself or herself or others and the court determines either that the
crime has not been committed or that there is not sufficient cause to
believe that such person is guilty thereof, the court may issue a civil
order as above provided, and in such cases the criminal action shall
terminate.

* NB Effective until July 1, 2024
* § 9.43 Emergency admissions for immediate observation, care, and

treatment; powers of courts.

(a) Whenever any court of inferior or general jurisdiction is informed
by verified statement that a person is apparently mentally ill and is
conducting himself in a manner which in a person who is not mentally ill
would be deemed disorderly conduct or which is likely to result in
serious harm to himself or others as defined in section 31.39, such
court shall issue a warrant directing that such person be brought before
it. If, when said person is brought before the court, it appears to the
court, on the basis of evidence presented to it, that such person has or
may have a mental illness which is likely to result in serious harm to
himself or others, the court shall issue a civil order directing his
removal to any hospital specified in subdivision (a) of section 31.39
willing to receive such person for a determination by the director of
such hospital whether such person should be retained therein pursuant to
such section.

(b) Whenever a person before a court in a criminal action appears to
have a mental illness which is likely to result in serious harm to
himself or others and the court determines either that the crime has not
been committed or that there is not sufficient cause to believe that
such person is guilty thereof, the court may issue a civil order as
above provided, and in such cases the criminal action shall terminate.

* NB Effective July 1, 2024