36-542. Discharge of patient at expiration of period ordered by court; change to voluntary status; immunity
A. A patient ordered by a court to undergo treatment pursuant to this article shall be discharged from treatment at the expiration of the period of treatment ordered unless one of the following occurs:
1. The person accepts voluntary treatment at the mental health treatment agency.
2. Before the discharge date, a new petition is filed in the county in which the patient is being treated. The proceedings shall then be governed by this article. The costs of the proceedings shall be a charge against the county in which the patient resided or was found prior to hospitalization.
3. An application for continued court-ordered treatment is granted pursuant to section 36-543.
B. If a patient to be discharged is under guardianship, the medical director of the mental health treatment agency shall notify the guardian ten days before discharge.
C. If a patient to be discharged is undergoing court-ordered treatment as a result of a petition filed by a prosecutor pursuant to section 13-4517 and the patient is being discharged because the medical director has decided not to file a new petition for court-ordered evaluation or treatment or has decided not to request the court to order that the previous order for treatment be continued, the patient may not be discharged or released from treatment before compliance with section 36-541.01.
D. The medical director is not civilly liable for any acts committed by a released or discharged patient if the medical director has in good faith followed the requirements of this article.
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