Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 40.1-5-12
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Patient: means a person admitted voluntarily, certified or re-certified admitted to a facility according to the provisions of this chapter. See Rhode Island General Laws 40.1-5-2
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.