(a) threatened, attempted or actually inflicted physical harm upon himself or the person of another after having been taken into custody for evaluation and treatment, and, as a result of a mental illness, presents an imminent threat of substantial physical harm to himself or others; or

(b) had attempted or inflicted physical harm upon the person of another, that act having resulted in his being taken into custody and who, as a result of a mental illness, presents imminent threat of substantial physical harm to others, it shall remand him to the custody of the department or other facility for a period not to exceed ninety (90) days from the date of court judgment. Said person shall be released from involuntary treatment at the expiration of ninety (90) days unless the qualified mental health professional staff of the facility in which he is confined files a new petition for post-certification treatment on the grounds that he has threatened, attempted, or inflicted physical harm on himself or on another person during his period of post-certification treatment and he is a person, who, by reason of a mental illness, presents an imminent threat of substantial harm to others. Such new petition for post-certification treatment shall be filed in the Superior Court.

SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).