(a) If an inpatient of a state-operated hospital escapes or is on unauthorized leave, its director may issue an order for the patient’s immediate rehospitalization. The director or the director’s designee may notify such patient of the existence of a rehospitalization order by any reasonable means of communication open to the director. Such an order, irrespective of the patient’s actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.
(b) If an involuntarily committed inpatient or a person detained involuntarily under this chapter from a nonstate-operated hospital certified under § 5026 of this title escapes or is on unauthorized leave, that hospital’s director shall immediately notify the Director of the Division of Substance Abuse and Mental Health or the Director’s designee if the patient is 18 years of age or older or the Division of Prevention and Behavioral Health Services if the patient is under 18 years of age. Upon receipt of such notification, the Division Director or the Director’s designee may issue notice and a rehospitalization order in conformity with subsection (a) of this section. Such an order, irrespective of the patient’s actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.
79 Del. Laws, c. 442, § 1.
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