§ 40.1-22-17 - Refusal to discharge. - Rhode Island Statutes

SECTION 40.1-22-17

   § 40.1-22-17  Refusal to discharge. –(a) When the official in charge of any facility is unwilling to certify to thedischarge of an unimproved client upon request, and so certifies in writing,noting his or her reasons therefor, in the client's record, he or she shallgive a copy thereof to the person applying for the release and to the director.

   (b) If provisions for the review of the question of theclient's detention as elsewhere provided in this chapter are not available tothe client, then recourse may be had to a justice of the district court for ahearing upon the matter set forth in the record provided for in subsection (a).At a hearing the burden of proving the lack of need of retention for furthercare and treatment shall be upon the person petitioning for the release of theclient. At a hearing the court may enter such an order as the exigencies of thecase, as disclosed by the evidence, may require.