Sec 36-731. Confinement; selection; jails; prohibition

A. After an afflicted person has been taken into custody pursuant to this article, the tuberculosis control officer or local health officer is responsible for selecting a facility or quarters suitable for the comfortable, safe and humane confinement of the afflicted person, if the person is not otherwise admitted or confined in a health care institution. The tuberculosis control officer or local health officer may authorize a physician, health care provider, emergency medical services personnel, ambulance or ambulance service, guardian, conservator, parent, custodian, relative or friend to transport an afflicted person to a designated institution or facility if the tuberculosis control officer or local health officer determines that the means of transportation are reliable and would not be detrimental to any person's health, safety or welfare. A sheriff or law enforcement agency shall maintain custody of the afflicted person until the afflicted person is delivered to the institution or facility specified in the order or to an alternate institution or facility approved by the department, the tuberculosis control officer or the local health officer.

B. An afflicted person who is not incarcerated on a criminal charge and who is the subject of an order or petition under this article shall not be confined in any prison or jail where those charged with crimes are incarcerated unless the afflicted person represents an immediate and serious danger to the staff or physical facilities of a hospital or any institution to which committed, or unless the afflicted person has failed to obey a court order or has failed to obey a lawful order of the tuberculosis control officer or local health officer issued pursuant to this article and the medical director of the receiving facility or designee has determined that no less restrictive confinement measures are appropriate. The court shall subsequently determine the appropriate level of confinement necessary during this initial consideration of the petition and the request for compulsory detention pursuant to section 36-726, subsection F.