36-731. Confinement; selection; jails;
prohibition
A. After an afflicted person has been taken into custody pursuant to this article,
the tuberculosis control officer or local health officer is responsible for selecting a
facility or quarters suitable for the comfortable, safe and humane confinement of the
afflicted person, if the person is not otherwise admitted or confined in a health care
institution. The tuberculosis control officer or local health officer may authorize a
physician, health care provider, emergency medical services personnel, ambulance or
ambulance service, guardian, conservator, parent, custodian, relative or friend to
transport an afflicted person to a designated institution or facility if the tuberculosis
control officer or local health officer determines that the means of transportation are
reliable and would not be detrimental to any person's health, safety or welfare. A
sheriff or law enforcement agency shall maintain custody of the afflicted person until
the afflicted person is delivered to the institution or facility specified in the order
or to an alternate institution or facility approved by the department, the tuberculosis
control officer or the local health officer.
B. An afflicted person who is not incarcerated on a criminal charge and who is the
subject of an order or petition under this article shall not be confined in any prison or
jail where those charged with crimes are incarcerated unless the afflicted person
represents an immediate and serious danger to the staff or physical facilities of a
hospital or any institution to which committed, or unless the afflicted person has failed
to obey a court order or has failed to obey a lawful order of the tuberculosis control
officer or local health officer issued pursuant to this article and the medical director
of the receiving facility or designee has determined that no less restrictive confinement
measures are appropriate. The court shall subsequently determine the appropriate level
of confinement necessary during this initial consideration of the petition and the
request for compulsory detention pursuant to section 36-726, subsection F.
|