DRAFT - NAMI BILL 12-6-02.doc

In the following draft, proposed changes are in caps, proposed deletions in brackets[ ]. Please note that all of sections 10-622(a) and (b) of the current law are being deleted and replace with new language.

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Changes to the Emergency Evaluation Law in Maryland

 

Article ‑ Health  ‑ General

 

10‑622 Petition for emergency evaluation

[(a) Petition authorized.- A petition for emergency evaluation of an individual may be made under this section only if the petitioner has reason to believe that the individual has a mental disorder and that there is clear and imminent danger of the individual's doing bodily harm to the individual or another.

 

(b) Petitioners.- The petition for emergency evaluation of an individual may be made by:

            (1) A physician, a psychologist, a clinical social worker, a licensed clinical professional counselor or a health officer or designee of a health officer who has examined the individual;

            (2) A peace officer who personally has observed the individual; or

            (3) Any other interested person.]

 

(a) PETITION AUTHORIZED. – A PETITION FOR EMERGENCY EVALUATION OF AN INDIVIDUAL MAY BE MADE UNDER THIS SECTION BY:

            (1) A PHYSICIAN, A PSYCHOLOGIST, A CLINICAL SOCIAL WORKER, A LICENSED CLINICAL PROFESSIONAL COUNSELOR, OR A HEALTH OFFICER OR DESIGNEE OF A HEALTH OFFICER WHO HAS EXAMINED THE INDIVIDUAL AND , BASED ON SUCH EXAMINATION OR CONSIDERATION OF ANY OTHER INFORMATION THAT MAY BE PERTINENT, HAS REASON TO BELIEVE THAT THE INDIVIDUAL HAS A MENTAL DISORDER AND THAT THE INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF THE INDIVIDUAL OR OTHERS.

 

            (2) A PEACE OFFICER WHO HAS OBSERVED THE INDIVIDUAL OR THE INDIVIDUAL’S BEHAVIOR, AND BASED ON SUCH OBSERVATION, OR CONSIDERATION OF ANY OTHER CURRENT INFORMATION THAT MAY BE PERTINENT, HAS REASON TO BELIEVE THAT THE INDIVIDUAL HAS A MENTAL DISORDER AND THAT THE INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF THE INDIVIDUAL OR OTHERS.

 

            (3) ANY OTHER INTERESTED PERSON WHO HAS REASON TO BELIEVE THAT THE INDIVIDUAL HAS A MENTAL DISORDER AND THAT THE INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF THE INDIVIDUAL OR OTHERS.

 

[(c)] (B) Contents of petition

             (1) A petition under this section shall:

                        (i) Be signed and verified by the petitioner;

                        (ii) State the petitioner's:

                                    1. Name;

                                    2. Address; and

                                    3. Home and work telephone numbers;

                        (iii) State the emergency evaluee's:

                                    1. Name; and

                                    2. Description;

                        (iv) State the following information, if available:

                                    1. The address of the emergency evaluee; and

                                    2. The name and address of the spouse or a child, parent, or other relative of the emergency evaluee or any other individual who is interested in the emergency evaluee;

                        (v) Contain a description of the behavior and statements of the emergency evaluee OR ANY OTHER INFORMATION that led the petitioner to believe that the emergency evaluee has a mental disorder and that [there is clear and imminent danger of the emergency evaluee's doing bodily harm to the emergency evaluee or another;] THAT THE INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF THE INDIVIDUAL OR OTHERS; and

                        (vi) Contain any other facts that support the need for an emergency evaluation.

            (2) The petition form shall contain a notice that the petitioner:

                        (i) May be required to appear before a court; and

                        (ii) Makes the statements under penalties of perjury.

 

[(d)] (C) Giving to peace officer; explanation by peace officer.-

             (1) A petitioner who is a physician, psychologist, clinical social worker, licensed clinical professional counselor, health officer, or designee of a health officer shall give the petition to a peace officer.

            (2) The peace officer shall explain to the petitioner:

                        (i) The serious nature of the petition; and

                        (ii) The meaning and content of the petition.

 

§ 10-623. Action on petition of lay petitioner

(a) Court Review.- If the petitioner under Part IV of this subtitle is not a physician, a psychologist, a clinical social worker, a licensed clinical professional counselor, a health officer or designee of a health officer, or a peace officer, the petitioner shall present the petition to the court for immediate review.

(b) Endorsement. - After review of the petition, the court shall endorse the petition if the court finds probable cause to believe that the emergency evaluee has shown the symptoms of a mental disorder and that [there appears to be clear and imminent danger of the emergency evaluee's doing bodily harm to the emergency evaluee or another] THE INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF THE INDIVIDUAL OR OTHERS.

(c) Failure to find probable cause.- If the court does not find probable cause, the court shall indicate that fact on the petition, and no further action may be taken under the petition.

 

 

10‑626(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 that [there appears to be clear and imminent danger of the individual's doing bodily harm to the individual or another.] THE INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF THE INDIVIDUAL OR OTHERS.