2005 Minnesota Statutes - 144.4182 — Temporary emergency hold.

     144.4182 Temporary emergency hold. 


    Subdivision 1.    Apprehend and hold.  To protect the 
 public health in an emergency, the court may order an agent of a 
 board of health as authorized under section 145A.04 or peace 
 officer to take a person into custody and transport the person 
 to an appropriate emergency care or treatment facility for 
 observation, examination, testing, diagnosis, care, treatment, 
 and, if necessary, temporary detention.  If the person is 
 already institutionalized, the court may order the institutional 
 facility to hold the person.  These orders may be issued in an 
 ex parte proceeding upon an affidavit of the commissioner or a 
 designee of the commissioner.  An order shall issue upon a 
 determination by the court that reasonable cause exists to 
 believe that the person is:  (a) for indirectly transmitted 
 diseases, an imminent health threat to others; or (b) for 
 directly transmitted diseases, a substantial likelihood of an 
 imminent health threat to others. 


    The affidavit must set forth the specific facts upon which 
 the order is sought and must be served on the person immediately 
 upon apprehension or detention.  An order under this section may 
 be executed on any day and at any time. 


    Subd. 2.    Duration of hold.  No person may be held 
 under subdivision 1 longer than 72 hours, exclusive of 
 Saturdays, Sundays, and legal holidays, without a court hearing 
 to determine if the emergency hold should continue. 


    HIST: 1987 c 209 s 15; 1987 c 309 s 24