144.4183 EMERGENCY HOLD HEARING.
Subdivision 1.
Time of notice. Notice of the emergency hold hearing must be served upon
the person held under section
144.4182, subdivision 1, at least 24 hours before the hearing.
Subd. 2.
Contents of notice. The notice must contain the following information:
(1) the time, date, and place of the hearing;
(2) the grounds and underlying facts upon which continued detention is sought;
(3) the person's right to appear at the hearing;
(4) the person's right to present and cross-examine witnesses; and
(5) the person's right to counsel, including the right, if indigent, to representation by counsel
designated by the court or county of venue.
Subd. 3.
Order for continued emergency hold. The court may order the continued holding
of the person if it finds, by a preponderance of the evidence, that the person would pose an
imminent health threat to others if released. However, in no case may the emergency hold
continue longer than five days, unless a petition is filed under section
144.4173. If a petition is
filed, the emergency hold must continue until a hearing on the petition is held under section
144.4177. That hearing must occur within five days of the filing of the petition, exclusive of
Saturdays, Sundays, and legal holidays.
History: 1987 c 209 s 16