Section 10-626 - Emergency evaluation of arrested individuals. - Maryland Statutes

§ 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. 
 

[An. Code 1957, art. 59, § 22A; 1982, ch. 21, § 2; 2003, ch. 441.]