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.)