State Codes and Statutes
Statutes > Kansas > Chapter59 > Article29b > Statutes_2370859-29b53
59-29b53. Investigation; emergency detention;authority and duty of law enforcement officers.(a) Any law enforcement officer who has a reasonable beliefformed upon investigation that a person may be a person with analcohol or substance abuse problem subject to involuntarycommitment and is likely to cause harm to self or others ifallowed to remain at liberty may take the person into custodywithout a warrant. The officer shall transport the person to atreatment facility or other facility for care or treatment wherethe person shall be examined by a physician or psychologist onduty at the facility. If no physician or psychologist is on dutyat the time the person is transported to the facility, the personshall be examined within a reasonable time not to exceed 17hours. If a written statement is made by the physician orpsychologist at the facility that after preliminary examinationthe physician or psychologist believes the person likely to be aperson with an alcohol or substance abuse problem subject toinvoluntary commitment for care and treatment and is likely tocause harm to self or others if allowed to remain at liberty, andif the facility is a treatment facility and is willing to admitthe person, the law enforcement officer shall present to thattreatment facility the application provided for in subsection (b)of K.S.A. 59-29b54 and amendments thereto. If the physician orpsychologist on duty at the facility does not believe the personlikely to be a person with an alcohol or substance abuse problemsubject to involuntary commitment for care and treatment, the lawenforcement officer shall return the person to the place wherethe person was taken into custody and release the person at thatplace or at another place in the same community as requested bythe person or if the law enforcement officer believes that it isnot in the best interests of the person or the person's family orthe general public for the person to be returned to the place theperson was taken into custody, then the person shall be releasedat another place the law enforcement officer believes to beappropriate under the circumstances. The person may request to bereleased immediately after the examination, in which case the lawenforcement officer shall immediately release the person, unlessthe law enforcement officer believes it is in the best interestsof the person or the person's family or the general public thatthe person be taken elsewhere for release.
(b) If the physician or psychologist on duty at thefacility states that, in the physician's or psychologist'sopinion, the person is likely to be a person with an alcohol orsubstance abuse problem subject to involuntary commitment forcare and treatment but the facility is unwilling or is aninappropriate place to which to admit the person, the facilityshall nevertheless provide a suitable place at which the personmay be detained by the law enforcement officer. If a law enforcement officerdetains a person pursuant to this subsection,the law enforcement officer shall file the petition provided forin subsection (a) of K.S.A. 59-29b57 and amendments thereto, by theclose of business of the first day that the district court isopen for the transaction of business or shall release the person.No person shall be detained by a law enforcement officer pursuantto this subsection in a nonmedical facility used for thedetention of persons charged with or convicted of a crime unlessno other suitable facility at which such person may be detainedis willing to accept the person.
History: L. 1998, ch. 134, § 9; July 1.
