Tuberculosis Control

Cal. HSC § 121366

California Statutes

The local health officer may detain in a hospital or other appropriate place for examination or treatment, a person who is the subject of an order of detention issued pursuant to subdivision (a), (d), or (

e) of

Section without a prior court order except that when a person detained pursuant to subdivision (a), (d), or (

e) of

Section has requested release, the local health officer shall make an application for a court order authorizing the continued detention within hours after the request or, if the 72-hour period ends on a Saturday, Sunday, or legal holiday, by the end of the first business day following the Saturday, Sunday, or legal holiday, which application shall include a request for an expedited hearing. After the request for release, detention shall not continue for more than five business days in the absence of a court order authorizing detention.

However, in no event shall any person be detained for more than days without a court order authorizing the detention. The local health officer shall seek further court review of the detention within days following the initial court order authorizing detention and thereafter within days of each subsequent court review. In any court proceeding to enforce a local health officer’s order for the removal or detention of a person, the local health officer shall prove the particularized circumstances constituting the necessity for the detention by clear and convincing evidence.

Any person who is subject to a detention order shall have the right to be represented by counsel and upon the request of the person, counsel shall be provided.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 121366
Date1996-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC121366.19954157

Tuberculosis Control

Cal. HSC § 121366

California Statutes

Tuberculosis Control

Cal. HSC § 121366

California Statutes

The local health officer may detain in a hospital or other appropriate place for examination or treatment, a person who is the subject of an order of detention issued pursuant to subdivision (a), (d), or (

e) of

Section without a prior court order except that when a person detained pursuant to subdivision (a), (d), or (

e) of

Section has requested release, the local health officer shall make an application for a court order authorizing the continued detention within hours after the request or, if the 72-hour period ends on a Saturday, Sunday, or legal holiday, by the end of the first business day following the Saturday, Sunday, or legal holiday, which application shall include a request for an expedited hearing. After the request for release, detention shall not continue for more than five business days in the absence of a court order authorizing detention.

However, in no event shall any person be detained for more than days without a court order authorizing the detention. The local health officer shall seek further court review of the detention within days following the initial court order authorizing detention and thereafter within days of each subsequent court review. In any court proceeding to enforce a local health officer’s order for the removal or detention of a person, the local health officer shall prove the particularized circumstances constituting the necessity for the detention by clear and convincing evidence.

Any person who is subject to a detention order shall have the right to be represented by counsel and upon the request of the person, counsel shall be provided.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 121366
Date1996-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC121366.19954157
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