(a) Any person may bring another to the Department or an emergency room of a hospital for examination by a qualified mental health professional. The person bringing the other for examination must stay with the person until such examination is completed.

(b) If a peace officer has probable cause to believe that a person is a danger to self, a danger to others or gravely disabled because of a mental illness he may bring the person to the Department or the emergency room of a hospital for examination. Only a peace officer may use reasonable force to restrain and detain the person in need of evaluation. The peace officer’s written report on the reasons for detaining a person for evaluation shall be included in the 72-hour application.

(c) If the qualified health professional conducting the examination does not find the person to be a danger to self, a danger to others or gravely disabled because of a mental illness he must notify the peace officer if he is still present, or the police department, if the peace officer has certified in writing that the person may be charged with a crime as specified in the written report of the peace officer.

(d) When a peace officer brings an individual for an examination he shall remain available until the examination is completed and it is determined that the person is accepted for involuntary hospitalization. The peace officer shall provide for the safety of others during the examination, if necessary.

SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).