KSC, TITLE 12. EDUCATION & HEALTH
Chapter 15. Mental Illness
Section 12.1501. Transfer.
(1) The Director of the Department of Health Services may order the transfer of a person committed pursuant to Chapter 33 of Title 6 to an institution deemed suitable for care.
(2) The transfer of an insane person to an institution outside the State does not occur until the Court has found, after notice to the insane person, his counsel, and his spouse, parent, child, or next of kin, and after hearing, that the transfer is in the person's best interests.
Section 12.1502. Release.
(1) The husband, wife, parent or child or next of kin of a person committed pursuant to Chapter 33 of Title 6 may petition the Court for a termination of the commitment or parole of the committed person. After notice to the Director of the Department of Health Services and to the person in charge of the hospital or other place of the commitment and following public hearing, the Court may order the release or parole of the person under limited supervision or under specified conditions.
(2) The Director of the Department of Health Services may discharge or parole a patient on conditions he finds best, except one held by order of court arising from an offense, in accordance with the following:
(a) upon filing with the Court a written certificate by the Director of Department of Health Services that the patient has recovered;
(b) upon filing in the Court a written certificate by the Director of the Department of Health Services that the patient, while not recovered, is in remission, is not dangerous to himself or others, and is not likely to become a public charge; or
(c) upon transfer of the patient to an institution for the care of mentally ill person outside the State.
(3) The Director of the Department of Health Services may permit a leave of absence for a stated period to a committed person upon specified terms, when in his judgment absence on leave is not detrimental to the public welfare and is of benefit to the person. Before the period stated in the leave has expired the Director may terminate the leave and authorize and direct the return of the person to the hospital when in the Director's judgment the return of the patient is in the best interests of the public and the patient.
(4) The person to whom a person has been temporarily committed for observation may release the person when he determines that release is safe.
Background
Subsection (1) was amended by State Law
7-1.
Section 12.1503. Apprehension of absentee or escapee.
Upon direction of the person in charge of a
hospital or place of detention a police officer or an official or employee of a
hospital or place of detention may apprehend and return a patient who is absent
on leave, is on parole, or escapes from the hospital or other place of detention
to which he has been committed, using such force as may be reasonably necessary
to effect the return.
A person detained pursuant to this chapter or Chapter 33 of Title 6
is entitled to humane care and treatment suitable to meet his needs. A
person treats him with dignity and respect. His detention is separate from
a person charged with, or convicted of, an offense.