R.I. Gen. Laws § 23-1.10-11

Alcoholism — emergency commitment

This statute establishes the procedures for emergency involuntary commitment of persons who are intoxicated or incapacitated by alcohol and pose a risk of harm to themselves or others. A written application supported by a physician's certificate must be submitted to an approved public treatment facility, whose administrator may approve or deny the commitment. The committed person may be detained for no more than ten days, must be informed of their rights within 24 hours, and must be discharged when the grounds for commitment no longer exist. If a petition for involuntary commitment is filed within the ten-day period, detention may continue until the petition is resolved.

Title 23
Health and Safety

Chapter 1.10
Alcoholism

R.I. Gen. Laws § 23-1.10-11

§ 23-1.10-11. Emergency commitment.

(a)
 An intoxicated person who (1) has threatened, attempted, or inflicted physical harm
 on himself or herself or another and is likely to inflict physical harm on himself
 or herself or another unless committed, or (2) is incapacitated by alcohol, may be
 committed to an approved public treatment facility for emergency treatment. A refusal
 to undergo treatment does not constitute evidence of lack of judgment as to the need
 for treatment.

(b)
 The certifying physician, spouse, guardian, or relative of the person to be committed,
 or any other responsible person, may make a written application for commitment under
 this section, directed to the administrator of the approved public treatment facility.
 The application shall state facts to support the need for emergency treatment and
 be accompanied by a physician’s certificate stating that he or she has examined the
 person sought to be committed within two (2) days before the certificate’s date and
 facts supporting the need for emergency treatment.

(c)
 Upon approval of the application by the administrator in charge of the approved public
 treatment facility, the person shall be brought to the facility by a peace officer,
 health officer, the applicant for commitment, the patient’s spouse, the patient’s
 guardian, or any other interested person. The person shall be retained at the facility
 to which he or she was admitted, or transferred to another appropriate public or private
 treatment facility, until discharged under subsection (e).

(d)
 The administrator in charge of an approved public treatment facility shall refuse
 an application if in his or her opinion the application and certificate failed to
 sustain the grounds for commitment.

(e)
 When, on the advice of the medical staff, the administrator determines that the grounds
 for commitment no longer exist, he or she shall discharge a person committed under
 this section. No person committed under this section may be detained in any treatment
 facility for more than ten (10) days. If a petition for involuntary commitment under
 § 23-1.10-12 has been filed within the ten (10) days and the administrator in charge of an approved
 public treatment facility finds that grounds for emergency commitment still exist,
 he or she may detain the person until the petition has been heard and determined,
 but no longer than ten (10) days after filing the petition.

(f)
 A copy of the written application for commitment and of the physician’s certificate,
 and a written explanation of the person’s right to counsel, shall be given to the
 person within twenty-four (24) hours after commitment by the administrator, who shall
 provide a reasonable opportunity for the person to consult counsel.

History of Section.
P.L. 1972, ch. 130, § 1; P.L. 1973, ch. 196, § 1; P.L. 1984, ch. 122, § 1; G.L. 1956,
 § 40.1-4-11; P.L. 1995, ch. 370, art. 14, § 4.