Sec 36-544. Unauthorized absences; violation; classification; tolling period; hearing

A. When any patient who is being evaluated or treated is absent without proper authorization from an evaluation agency or a mental health treatment agency, or when an order for outpatient treatment is rescinded, any peace officer shall, upon oral or written request of the medical director of the agency and without the necessity of a warrant or court order, or any officer or employee of the agency who has been previously designated in writing by the medical director of the agency to perform such duties may, take into custody and deliver such patient to the agency. Such officers and employees of the agency have the powers and duties of peace officers so far as is necessary to carry out the provisions of this section.

B. Any person who intentionally assists any patient being evaluated or treated in an agency to be absent from the agency without proper authorization, or who intentionally assists a patient whom he knows to be absent without proper authorization or whom he knows to be a patient whose order for outpatient treatment has been rescinded and who has been ordered to return to the agency, or to resist being returned to the agency after such absence is guilty of a class 2 misdemeanor.

C. The period of court-ordered treatment ceases to run during the unauthorized absence of the patient from the jurisdiction or from any required supervision and resumes running only on the patient's voluntary or involuntary return to the treatment agency.

D. A patient who remains on unauthorized absence status continuously for at least ninety days may petition the court on his return to the treatment agency for a hearing to determine his current mental status and his present need for treatment. The court shall order a hearing if requested by the patient, his legal guardian or an interested party. The hearing shall be held within seventy-two hours after the request.

E. Subsections C and D of this section shall apply only to inpatient treatment pursuant to section 36-540, subsection A, paragraphs 2 and 3.