Sec. 278.
(1) An individual who is taken to an approved service program or emergency medical service under section 276(1) continues to be in protective custody. Except as otherwise provided in section 281a, 281b, or 281c, the individual shall not be detained once the individual is medically examined and found not to be incapacitated. An individual found by medical examination to be incapacitated shall be detained, except as otherwise provided in section 281a, 281b, or 281c, until the individual is no longer incapacitated or for not more than 72 hours after the individual is taken to the approved service program or emergency medical service. An individual may consent to remain in the program for as long as the health professional in charge believes appropriate.
(2) An individual who is taken to an approved service program or emergency medical service under section 276(5) shall be discharged to a peace officer after the individual is no longer incapacitated. An individual who remains incapacitated at the expiration of 72 hours after the individual has been taken to the approved service program or emergency medical service shall be discharged to a peace officer unless 1 of the following circumstances applies:
(a) The individual agrees to remain in the program longer than 72 hours and the health professional in charge of the program believes it appropriate that the individual remain in the program longer than 72 hours.
(b) An order for involuntary treatment of the individual has been issued under section 281b or 281c.
History: Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014
Structure Michigan Compiled Laws
Chapter 330 - Mental Health Code
Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)
258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287)
Section 330.1260 - Definitions; Implementation and Completion of Changes.
Section 330.1261 - Records; Confidentiality; Disclosure.
Section 330.1263 - Consent to Disclose Not Given; Limitations.
Section 330.1268 - Receipt of Objection; Hearing; Notice of Hearing; Actions by Court.
Section 330.1270 - Duties of Department.
Section 330.1271 - Additional Duties of Department.
Section 330.1272 - Additional Duties of Department.
Section 330.1273b - Competitive Grant Program for Recovery Community Organizations.
Section 330.1275 - Waiting List for Services; Priority Position.
Section 330.1278 - Detention of Incapacitated Individual; Discharge to Peace Officer.
Section 330.1279 - Release of Individual Found Not to Be Incapacitated.
Section 330.1281 - Voluntary Admission.
Section 330.1281a - Involuntary Treatment.
Section 330.1283 - Inventory and Return of Possessions.
Section 330.1284 - Payment for Treatment or Transportation Costs.
Section 330.1285 - Confidentiality of Records.
Section 330.1286 - Adoption of Local Law, Ordinance, Resolution, or Rule.