59-29b53. Investigation; emergency detention; authority and duty of law enforcement officers. (a) Any law enforcement officer who has a reasonable belief formed upon investigation that a person may be a person with an alcohol or substance abuse problem subject to involuntary commitment and is likely to cause harm to self or others if allowed to remain at liberty may take the person into custody without a warrant. If the officer is in a crisis intervention center service area, as defined in K.S.A. 2021 Supp. 59-29c02, and amendments thereto, the officer may transport the person to such crisis intervention center. If the officer is not in a crisis intervention center service area, as defined in K.S.A. 2021 Supp. 59-29c02, and amendments thereto, or does not choose to transport the person to such crisis intervention center, then the officer shall transport the person to a treatment facility or other facility for care or treatment where the person shall be examined by a physician or psychologist on duty at the facility. If no physician or psychologist is on duty at the time the person is transported to the facility, the person shall be examined within a reasonable time not to exceed 17 hours. If a written statement is made by the physician or psychologist at the facility that after preliminary examination the physician or psychologist believes the person likely to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment and is likely to cause harm to self or others if allowed to remain at liberty, and if the facility is a treatment facility and is willing to admit the person, the law enforcement officer shall present to that treatment facility the application provided for in K.S.A. 59-29b54(b), and amendments thereto. If the physician or psychologist on duty at the facility does not believe the person likely to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment, the law enforcement officer shall return the person to the place where the person was taken into custody and release the person at that place or at another place in the same community as requested by the person or if the law enforcement officer believes that it is not in the best interests of the person or the person's family or the general public for the person to be returned to the place the person was taken into custody, then the person shall be released at another place the law enforcement officer believes to be appropriate under the circumstances. The person may request to be released immediately after the examination, in which case the law enforcement officer shall immediately release the person, unless the law enforcement officer believes it is in the best interests of the person or the person's family or the general public that the person be taken elsewhere for release.
(b) If the physician or psychologist on duty at the facility states that, in the physician's or psychologist's opinion, the person is likely to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment but the facility is unwilling or is an inappropriate place to which to admit the person, the facility shall nevertheless provide a suitable place at which the person may be detained by the law enforcement officer. If a law enforcement officer detains a person pursuant to this subsection, the law enforcement officer shall file the petition provided for in K.S.A. 59-29b57(a), and amendments thereto, by the close of business of the first day that the district court is open for the transaction of business or shall release the person. No person shall be detained by a law enforcement officer pursuant to this subsection in a nonmedical facility used for the detention of persons charged with or convicted of a crime unless no other suitable facility at which such person may be detained is willing to accept the person.
History: L. 1998, ch. 134, § 9; L. 2017, ch. 77, § 21; July 1.
Structure Kansas Statutes
Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem
59-29b45 Name and citation of act.
59-29b48 Civil rights of persons subject to the provisions of this act.
59-29b50 Discharge of a voluntary patient.
59-29b51 Right to discharge of voluntary patient; procedure.
59-29b52 Petition for involuntary commitment of a voluntary patient.
59-29b53 Investigation; emergency detention; authority and duty of law enforcement officers.
59-29b54 Emergency observation and treatment; authority of treatment facility's procedure.
59-29b55 Notice of right to communicate upon admission; notice of admission; notice of rights.
59-29b56 Emergency observation; discharge.
59-29b58 Ex parte emergency custody order.
59-29b59 Temporary custody order; request for; procedure.
59-29b60 Preliminary orders; continuances and advancement of trial.
59-29b61 Order for evaluation; procedure.
59-29b62 Evaluation; hearing in noncustodial circumstances.
59-29b64 Continuance of hearings; order of referral for short-term treatment.
59-29b65 Trial upon the petition; procedure.
59-29b66 Order for treatment; dismissal.
59-29b69 Hearing to review status of patient; procedure.
59-29b74 Notice of discharge; restoration of certain rights.
59-29b75 Unauthorized absence; procedure.
59-29b76 Administration of medications and other treatments.
59-29b77 Restraints; seclusion.
59-29b79 Disclosure of records.
59-29b80 Civil and criminal liability.
59-29b82 Notice of death of patients in treatment facilities.
59-29b83 Applicability to persons in custody on criminal charges.