Vermont § 7505 - Warrant and certificate for emergency examination

§ 7505. Warrant and certificate for emergency examination

• (a) In emergency circumstances where certification by a licensed physician is not available
  without serious and unreasonable delay, and when personal observation of the conduct
  of a person constitutes reasonable grounds to believe that the person is a person
  in need of treatment, and the person presents an immediate risk of serious injury
  to self or others if not restrained, a law enforcement officer or mental health professional
  may make an application, not accompanied by a physician’s certificate, to any Superior
  judge for a warrant for an emergency examination. The application shall be based on
  facts personally observed by the mental health professional or the law enforcement
  officer or shall be supported by a statement of facts under penalty of perjury by
  a person who personally observed the facts that form the basis of the application. (b)(1) The law enforcement officer may take the person into temporary custody if the law
  enforcement officer has probable cause to believe that the person poses a risk of
  harm to self or others. The law enforcement officer or a mental health professional
  shall apply to the court for the warrant without delay while the person is in temporary
  custody. The law enforcement officer, or a mental health professional if clinically
  appropriate, may then transport the person if the law enforcement officer or mental
  health professional conducting the transport has probable cause to believe that the
  person poses a risk of harm to self or others. (2) Transports conducted pursuant to this subsection shall provide individuals with the
  same protections as provided to individuals in the custody of the Commissioner who
  are transported pursuant to section 7511 of this title. (c) If the judge is satisfied that a physician’s certificate is not available without
  serious and unreasonable delay, and that probable cause exists to believe that the
  person is in need of an emergency examination, the judge may order the person to submit
  to an evaluation by a licensed physician for that purpose. (d)(1) If necessary, the court may order the law enforcement officer to transport the person
  to a hospital for an evaluation by a licensed physician to determine if the person
  should be certified for an emergency examination. (2) Transports conducted pursuant to this subsection shall provide individuals with the
  same protections as provided to individuals in the custody of the Commissioner who
  are transported pursuant to section 7511 of this title. (e) Authority to transport a person pursuant to this section shall expire if the person
  is not taken into custody and transported within 72 hours after a warrant is issued
  by a Superior judge. (f) A person transported pursuant to subsection (d) of this section shall be evaluated
  as soon as possible after arrival at the hospital. If after evaluation the licensed
  physician determines that the person is a person in need of treatment, the licensed
  physician shall issue an initial certificate that sets forth the facts and circumstances
  constituting the need for an emergency examination and showing that the person is
  a person in need of treatment. Once the licensed physician has issued the initial
  certificate, the person shall be held for an emergency examination in accordance with
  section 7508 of this title. If the licensed physician does not certify that the person is a person in need of
  treatment, the licensed physician shall immediately discharge the person and cause
  the person to be returned to the place from which the person was taken, or to such
  place as the person reasonably directs. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 8; 2013, No. 192 (Adj. Sess.), § 6, eff. Nov. 1, 2014; 2023, No. 25, § 1, eff. July 1, 2023.)