Md. Code, Health-Gen. § 10-626

Emergency evaluation and involuntary admission (Health-General Title 10, Subtitle 6)

This statute authorizes a court to order an emergency psychiatric evaluation for an arrested individual when there is probable cause to believe the individual has a mental disorder and poses a danger to themselves or others. It specifies procedural requirements for the court order, custody arrangements during evaluation, and the disposition of individuals who do not meet involuntary admission criteria, including return to court or jail. The court order functions as a detainer until charges are resolved or the individual appears in court. Facility operators receiving such individuals must be aware of custody and reporting obligations tied to the evaluation process.

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Article - Health - General 
 
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§10–626. 
 
 (a) A court may order, at any time, an emergency evaluation under Part IV 
of this subtitle of an individual who has been arrested, if the court finds probable 
cause to believe that the individual has a mental disorder and the individual presents 
a danger to the life or safety of the individual or of others. 
 
 (b) The court order for an emergency evaluation shall state the grounds. 
 
 (c) Unless the court directs otherwise, an individual who is taken to an 
emergency facility under this section shall stay in the custody of the peace officer 
until the individual either is admitted to an appropriate facility or returned to the 
court or an appropriate jail. 
 
 (d) If an individual was detained lawfully before the court ordered an 
emergency evaluation under this section and the individual does not meet the 
requirements for involuntary admission under this subtitle: 
 
 (1) The examining physician shall send a brief report of the 
evaluation to the court; and 
 
 (2) The peace officer shall: 
 
 (i) Return to the court the individual, the court order, and the 
report of the examining physician; or 
 
 (ii) If the court is not in session, take the individual to an 
appropriate jail and, before the end of the next day that the court is in session, return 
to the court the individual and the report of the examining physician. 
 
 (e) A court order under this section is a detainer against an individual until: 
 
 (1) The charges against the individual are dismissed, nol prossed, or 
stetted; or 
 
 (2) The individual appears in court. 
 
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