Sec. 5122.10. (A)(1) Any psychiatrist, licensed clinical | 8 |
psychologist, licensed physician, health officer, parole officer, | 9 |
police officer, or sheriffof the following who has reason to | 10 |
|
believe that a person is a mentally ill person subject to | 11 |
|
hospitalization by court order under division (B) of section | 12 |
|
5122.01 of the Revised Code and represents a substantial risk of | 13 |
|
physical harm to self or others if allowed to remain at liberty | 14 |
pending examination may take athe person into custody, or the | 15 |
chief of the adult parole authority or a parole or probation | 16 |
officer with the approval of the chief of the authority may take
a | 17 |
parolee,
an offender
under a
community control
sanction or a | 18 |
post-release control
sanction, or
an
offender under
transitional | 19 |
control into custody and
may
immediately transport
the parolee,
| 20 |
offender on
community control or
post-release control, or offender | 21 |
under transitional controlperson to a
hospital or, | 22 |
|
notwithstanding
section 5119.20 of the Revised Code,
to a general | 23 |
|
hospital not
licensed by the department of mental
health where the | 24 |
parolee,
offender on
community
control or post-release
control, or | 25 |
offender under transitional
controlperson may be
held for the | 26 |
period prescribed in this
section, if
the psychiatrist, licensed | 27 |
clinical psychologist, licensed
physician, health officer, parole | 28 |
officer, police officer, or
sheriff has
reason to
believe that the | 29 |
person is a mentally ill
person subject to
hospitalization by | 30 |
court order under division
(B) of section
5122.01 of the Revised | 31 |
Code, and represents a
substantial risk of
physical harm to self | 32 |
or others if allowed to
remain at
liberty pending examination: | 33 |
| (2) If the
chief of the adult parole authority or a parole or | 49 |
|
probation
officer with the approval of the chief of the authority | 50 |
|
has
reason to
believe that a parolee, an offender under a | 51 |
|
community control sanction or post-release control sanction, or an | 52 |
|
offender under transitional control is a mentally ill
person | 53 |
|
subject to
hospitalization by court order under division
(B) of | 54 |
|
section
5122.01 of the Revised Code and represents a
substantial | 55 |
|
risk of
physical harm to self or others if allowed to
remain at | 56 |
|
liberty pending examination, the chief or officer may take
the | 57 |
|
parolee or offender
into custody and
may
immediately transport
the | 58 |
|
parolee or
offender to a
hospital or, notwithstanding
section | 59 |
|
5119.20 of the Revised Code,
to a general hospital not
licensed by | 60 |
|
the department of mental
health where the parolee or
offender may | 61 |
|
be
held for the period prescribed in this
section. | 62 |
| (B) A written statement shall be given to such hospital by | 63 |
the
transporting psychiatrist, licensed clinical psychologist, | 64 |
licensed physician, health officer, parole officer, police | 65 |
officer, chief of the adult parole authority, parole or probation | 66 |
officer, or sheriff statingindividual authorized under division | 67 |
|
(A)(1) or (2) of this section to transport the person. In the | 68 |
|
statement, the individual shall state the circumstances under | 69 |
|
which such
person was taken into custody and the reasons for the | 70 |
psychiatrist's, licensed clinical psychologist's, licensed | 71 |
physician's, health officer's, parole officer's, police
officer's, | 72 |
chief of the adult parole authority's, parole or
probation | 73 |
officer's, or sheriff's belief that the person is a mentally ill | 74 |
|
person subject to hospitalization by court order under division | 75 |
|
(B) of section 5122.01 of the Revised Code and represents a | 76 |
|
substantial risk of physical harm to self or others if allowed to | 77 |
|
remain at liberty pending examination. This statement shall
be | 78 |
|
made
available to the respondent or the respondent's
attorney upon | 79 |
|
request of either. | 80 |
| (C) Every reasonable and appropriate effort shall be made to | 81 |
|
take
persons into custody in the least conspicuous manner | 82 |
|
possible. A
person taking the respondent into custody pursuant
to | 83 |
|
this section
shall explain to the respondent: the name, | 84 |
|
professional
designation, and agency affiliation of the person | 85 |
|
taking the
respondent into custody; that the custody-taking is
not | 86 |
|
a criminal
arrest; and that the person is being taken for | 87 |
|
examination by
mental health professionals at a specified mental | 88 |
|
health facility
identified by name. | 89 |
| (D) If a person taken into custody under this section is | 90 |
|
transported to a general hospital, the general hospital may admit | 91 |
|
the person, or provide care and treatment for the person, or
both, | 92 |
|
notwithstanding section 5119.20 of the Revised Code, but by
the | 93 |
|
end of twenty-four hours after arrival at the general
hospital, | 94 |
|
the person shall be transferred to a hospital as
defined in | 95 |
|
section 5122.01 of the Revised Code. | 96 |
| (E) A person transported or transferred to a hospital or | 97 |
|
community mental health agency under this section shall be | 98 |
|
examined by the staff of the hospital or agency within
twenty-four | 99 |
|
hours after arrival at the hospital or agency.
If to conduct the | 100 |
|
examination requires that the person remain
overnight, the | 101 |
|
hospital or agency shall admit the person in an
unclassified | 102 |
|
status until making a disposition under this
section. After the | 103 |
|
examination, if the chief clinical officer of
the hospital or | 104 |
|
agency believes that the person is not a mentally
ill person | 105 |
|
subject to hospitalization by court order, the chief
clinical | 106 |
|
officer shall release or discharge the person immediately unless
a | 107 |
|
court has issued a temporary order of detention applicable to the | 108 |
|
person
under section 5122.11 of the Revised Code. After the | 109 |
|
examination, if the chief clinical officer believes that the | 110 |
|
person is a mentally ill person subject to hospitalization by | 111 |
|
court order, the chief clinical officer may detain the person
for | 112 |
|
not more than three court days following the day of the | 113 |
|
examination and
during such period admit the person as a voluntary | 114 |
|
patient under section
5122.02 of the Revised Code or file an | 115 |
|
affidavit under section
5122.11 of the Revised Code. If neither | 116 |
|
action is taken and a
court has not otherwise issued a temporary | 117 |
|
order of detention
applicable to the person under section 5122.11 | 118 |
|
of the Revised
Code, the chief clinical officer shall discharge | 119 |
|
the person at
the end of the three-day period unless the person | 120 |
|
has been
sentenced to the department of rehabilitation and | 121 |
|
correction and
has not been released from the person's sentence, | 122 |
|
in which
case the person
shall be returned to that department. | 123 |