2006 Minnesota Statutes

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.
History: 1987 c 209 s 15; 1987 c 309 s 24