Guam § 82401 - Right to Hearing by Habeas Corpus; Request for Release;

§ 82401. Right to Hearing by Habeas Corpus; Request for Release;

Duties of Staff Member; Notices Required.

(a) Every person detained by certification for intensive treatment or

temporary conservatorship shall have a right to a hearing by writ of habeas

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corpus for his release after he or his attorney has made a request to leave to

any member of the staff of a facility providing intensive treatment.

(b) Any member of the staff to whom a request for release is made shall

promptly provide the patient for his signature or mark, a copy of the form set

forth below. The member of the staff shall fill in his own name and the date,

and, if the patient signs by mark, shall fill in the patient's name, and shall

then deliver the completed copy to the qualified mental health professional

person in charge, or his designee, notifying him of the request. No later than

the next working day, the person notified shall inform the Superior Court

and the Attorney General. The staff shall also permit the patient to telephone

his attorney.

(c) The form for a request for release shall be substantially as follows:

Request for Release

(Name of the facility)

_____ day of ________, 19___.

I, ________________ (member of the staff), have today received

a request for release from the undersigned patient:

_____________________________

(Signature or mark of patient)