TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals
CHAPTER 40.1-5
Mental Health Law
SECTION 40.1-5-12
§ 40.1-5-12 Habeas corpus and other
remedies.
Nothing in this chapter shall be construed as abrogating any rights of a person
certified or someone acting on his or her behalf to petition for writ of habeas
corpus and/or other relief. In addition, petitions may be specifically based
upon, but not limited to, the following grounds:
(1) An alleged insufficiency or illegality of the proceedings
leading to the patient's certification not previously litigated on appeal;
(2) Although the certification proceedings were proper the
patient's continued detention or hospitalization or the form of his or her
hospitalization is not warranted under the provisions of this chapter;
(3) The absence of a planned and adequate treatment program
to meet the needs of the patient.
History of Section.
(P.L. 1974, ch. 119, § 1.)
