RSA 135-C:39 · Custody Prior to Hearing

135-C:39 Custody Prior to Hearing. –
I. The person sought to be admitted for treatment on an involuntary basis shall be at liberty pending the hearing, unless:
(a) The person is under the protective custody of the department in accordance with RSA 135-C:27-33;
(b) The client has been admitted for voluntary care and wishes to remain so;
(c) The person is already in the custody of the department due to admission for treatment on an involuntary basis; or
(d) The person is in custody in the criminal justice system pursuant to RSA 135:17-a, I.
II. A period of involuntary admission ordered by a probate court pursuant to RSA 135-C:45 may be continued under subparagraph I (c), provided that a petition requesting a judicial hearing on the issue of subsequent involuntary admission has been filed with the appropriate probate court within the initial period of involuntary admission. Upon the filing of the petition, the period of involuntary admission may be extended until the issuance of the order of the probate court pursuant to RSA 135-C:45; provided that the probate court shall act upon the petition within 30 days of its filing.
Source. 1986, 212:1. 1990, 266:2. 1995, 212:1, eff. Jan. 1, 1996; 310:175, eff. Nov. 1, 1995.