Statute 59-29b58: Ex parte emergency custody order.
(a) At the time the petition for the determination of whether
a
person is a person with an alcohol or substance abuse problem
subject to involuntary commitment for care and treatment is
filed, or any time thereafter prior to the trial upon the
petition as provided for in
K.S.A. 59-29b65 and amendments thereto,
the petitioner may request in writing that the district court
issue an ex parte emergency order including either or both of the
following: (1) An order directing any law enforcement officer to
take the person named in the order into custody and transport the
person to a designated treatment facility or other suitable place
willing to receive and detain the person; or (2) an order
authorizing any named treatment facility or other place to detain
or continue to detain the person until the further order of the
court or until the ex parte emergency custody order shall expire.
(b) No ex parte emergency custody order shall provide for
the detention of any person in a nonmedical facility used for the
detention of persons charged with or convicted of a crime unless
no other suitable facility at which such person may be detained
is willing to accept the person.
(c) An ex parte emergency custody order issued under this
section shall expire at 5:00 p.m. of the second day the district
court is open for the transaction of business after the date of
its issuance, which expiration date shall be stated in the order.
(d) The district court shall not issue successive ex parte
emergency custody orders.
(e) In lieu of issuing an ex parte emergency custody
order, the court may allow the person with respect to whom the
request was made to remain at liberty, subject to such conditions
as the court may impose.
History: L. 1998, ch. 134, § 14; July 1.