(1) A patient who is voluntarily admitted, as described in Section 62A-15-625, and who requests release, verbally or in writing, or whose release is requested in writing by the patient's legal guardian, parent, spouse, or adult next of kin, shall be immediately released except that: (a) release may be conditioned upon the agreement of the patient, if the request for release is made by an individual other than the patient; or (b) if the admitting local mental health authority, a designee of the local mental health authority, or a mental health facility has cause to believe that release of the patient would be unsafe for the patient or others, release of that patient may be postponed for up to 48 hours, excluding weekends and holidays, provided that the admitting authority, the designee, or the facility shall cause to be instituted involuntary commitment proceedings with the district court within the specified time period.
(a) release may be conditioned upon the agreement of the patient, if the request for release is made by an individual other than the patient; or
(b) if the admitting local mental health authority, a designee of the local mental health authority, or a mental health facility has cause to believe that release of the patient would be unsafe for the patient or others, release of that patient may be postponed for up to 48 hours, excluding weekends and holidays, provided that the admitting authority, the designee, or the facility shall cause to be instituted involuntary commitment proceedings with the district court within the specified time period.
(2) The admitting authority, the designee, or the facility shall provide written notice of the postponement and the reasons for the postponement to the patient without undue delay.
(3) No judicial proceedings for involuntary commitment may be commenced with respect to a voluntary patient unless the patient has requested release.
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