NAMI MD: Emergency Evaluation Law

Changes to the Emergency Evaluation Law
Effective October 1, 2003
as a result of HB668/SB273

Old Law	New Law
10-622 Petition for emergency evaluation. (a) Petition authorized.- A petition for emergency evaluation of an individual may be made under this section only if the petitioner has reason to believe that the individual has a mental disorder and that there is clear and imminent danger of the individual's doing bodily harm to the individual or another. (b) Petitioners.- The petition for emergency evaluation of an individual may be made by: (1) A physician, a psychologist, a clinical social worker, a licensed clinical professional counselor, or a health officer or designee of a health officer who has examined the individual; (2) A peace officer who personally has observed the individual; or (3) Any other interested person.	10-622 Petition for emergency evaluation. (a) Petition authorized.- A petition for emergency evaluation of an individual may be made under this section only if the petitioner has reason to believe that the individual has a mental disorder and the individual presents a danger to the life or safety of the individual or of others. (b)(1) Petitioners.- The petition for emergency evaluation of an individual may be made by: (i) A physician, a psychologist, a clinical social worker, a licensed clinical professional counselor, or a health officer or designee of a health officer who has examined the individual; (ii) A peace officer who personally has observed the individual or the individual's behavior; or (iii) Any other interested person. (2) An individual who makes a petition for emergency evaluation under paragraph (1)(i) or (ii) of this subsection may base the petition on: (i) The examination or observation; or (ii) other information obtained that is pertinent to the factors giving rise to the petition.
(c) Contents of petition.- (1) A petition under this section shall: (i) Be signed and verified by the petitioner; (ii) State the petitioner's: 1. Name; 2. Address; and 3. Home and work telephone numbers; (iii) State the emergency evaluee's: 1. Name; and 2. Description; (iv) State the following information, if available: 1. The address of the emergency evaluee; and 2. The name and address of the spouse or a child, parent, or other relative of the emergency evaluee or any other individual who is interested in the emergency evaluee; (v) Contain a description of the behavior and statements of the emergency evaluee that led the petitioner to believe that the emergency evaluee has a mental disorder and that there is clear and imminent danger of the emergency evaluee's doing bodily harm to the emergency evaluee or another; and (vi) Contain any other facts that support the need for an emergency evaluation. (2) The petition form shall contain a notice that the petitioner: (i) May be required to appear before a court; and (ii) Makes the statements under penalties of perjury. (d) Giving to peace officer; explanation by peace officer.- (1) A petitioner who is a physician, psychologist, clinical social worker, licensed clinical professional counselor, health officer, or designee of a health officer shall give the petition to a peace officer. (2) The peace officer shall explain to the petitioner: (i) The serious nature of the petition; and (ii) The meaning and content of the petition.	(c) Contents of petition.- (1) A petition under this section shall: (i) Be signed and verified by the petitioner; (ii) State the petitioner's: 1. Name; 2. Address; and 3. Home and work telephone numbers; (iii) State the emergency evaluee's: 1. Name; and 2. Description; (iv) State the following information, if available: 1. The address of the emergency evaluee; and 2. The name and address of the spouse or a child, parent, or other relative of the emergency evaluee or any other individual who is interested in the emergency evaluee; (v) Contain a description of the behavior and statements of the emergency evaluee or any other information that led the petitioner to believe that the emergency evaluee has a mental disorder and that the individual presents a danger to the life or safety of the individual or of others; and (vi) Contain any other facts that support the need for an emergency evaluation. (2) The petition form shall contain a notice that the petitioner: (i) May be required to appear before a court; and (ii) Makes the statements under penalties of perjury. (d) Giving to peace officer; explanation by peace officer.- (1) A petitioner who is a physician, psychologist, clinical social worker, licensed clinical professional counselor, health officer, or designee of a health officer shall give the petition to a peace officer. (2) The peace officer shall explain to the petitioner: (i) The serious nature of the petition; and (ii) The meaning and content of the petition.
10-623. Action on petition of lay petitioner. (a) Court review.- If the petitioner under Part IV of this subtitle is not a physician, a psychologist, a clinical social worker, a licensed clinical professional counselor, a health officer or designee of a health officer, or a peace officer, the petitioner shall present the petition to the court for immediate review. (b) Endorsement.- After review of the petition, the court shall endorse the petition if the court finds probable cause to believe that the emergency evaluee has shown the symptoms of a mental disorder and that there appears to be clear and imminent danger of the emergency evaluee's doing bodily harm to the emergency evaluee or another. (c) Failure to find probable cause.- If the court does not find probable cause, the court shall indicate that fact on the petition, and no further action may be taken under the petition.	10-623. Action on petition of lay petitioner. (a) Court review.- If the petitioner under Part IV of this subtitle is not a physician, a psychologist, a clinical social worker, a licensed clinical professional counselor, a health officer or designee of a health officer, or a peace officer, the petitioner shall present the petition to the court for immediate review. (b) Endorsement.- After review of the petition, the court shall endorse the petition if the court finds probable cause to believe that the emergency evaluee has shown the symptoms of a mental disorder and that the individual presents a danger to the life or safety of the individual or of others. (c) Failure to find probable cause.- If the court does not find probable cause, the court shall indicate that fact on the petition, and no further action may be taken under the petition.
10-626. Emergency evaluation of arrested individuals. (a) Finding of probable cause.- A court may order, at any time, an emergency evaluation under Part IV of this subtitle of an individual who has been arrested, if the court finds probable cause to believe that the individual has a mental disorder and there appears to be clear and imminent danger of the individual's doing bodily harm to the individual or another. (b) Court order.- The court order for an emergency evaluation shall state the grounds. (c) Custody of peace officer.- Unless the court directs otherwise, an individual who is taken to an emergency facility under this section shall stay in the custody of the peace officer until the individual either is admitted to an appropriate facility or returned to the court or an appropriate jail. (d) Disposition.- If an individual was detained lawfully before the court ordered an emergency evaluation under this section and the individual does not meet the requirements for involuntary admission under this subtitle: (1) The examining physician shall send a brief report of the evaluation to the court; and (2) The peace officer shall: (i) Return to the court the individual, the court order, and the report of the examining physician; or (ii) If the court is not in session, take the individual to an appropriate jail and, before the end of the next day that the court is in session, return to the court the individual and the report of the examining physician. (e) Detainer.- A court order under this section is a detainer against an individual until: (1) The charges against the individual are dismissed, nol prossed, or stetted; or (2) The individual appears in court.	10-626. Emergency evaluation of arrested individuals. (a) Finding of probable cause.- A court may order, at any time, an emergency evaluation under Part IV of this subtitle of an individual who has been arrested, if the court finds probable cause to believe that the individual has a mental disorder and the individual presents a danger to the life or safety of the individual or of others. (b) Court order.- The court order for an emergency evaluation shall state the grounds. (c) Custody of peace officer.- Unless the court directs otherwise, an individual who is taken to an emergency facility under this section shall stay in the custody of the peace officer until the individual either is admitted to an appropriate facility or returned to the court or an appropriate jail. (d) Disposition.- If an individual was detained lawfully before the court ordered an emergency evaluation under this section and the individual does not meet the requirements for involuntary admission under this subtitle: (1) The examining physician shall send a brief report of the evaluation to the court; and (2) The peace officer shall: (i) Return to the court the individual, the court order, and the report of the examining physician; or (ii) If the court is not in session, take the individual to an appropriate jail and, before the end of the next day that the court is in session, return to the court the individual and the report of the examining physician. (e) Detainer.- A court order under this section is a detainer against an individual until: (1) The charges against the individual are dismissed, nol prossed, or stetted; or (2) The individual appears in court.

NAMI Maryland
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This document was prepared by Janet Edelman. jedelman@comcast.net

eelaw.htm -- Revised: Saturday, October 14, 2006