§ 8008 - Revocation of conditional discharge
§ 8008. Revocation of conditional discharge
(a) The board or the head of the hospital may revoke a conditional discharge at any time before that discharge becomes absolute if the patient fails to comply with the conditions of the discharge.
(b) A revocation by the board or the head of the hospital shall authorize the return of the patient to the hospital and shall be sufficient warrant for a law enforcement officer or mental health professional to take the patient into custody and return him to the hospital from which he was conditionally discharged.
(c) Immediately upon his return to the hospital, the patient shall be examined by a physician who shall orally explain to the patient the purpose of the examination and the reasons why the patient was returned to the hospital.
(d) If the examining physician certifies in writing to the head of the hospital that, in his opinion, the patient is a person in need of treatment, setting forth the recent and relevant facts supporting this opinion, the revocation shall become effective and the patient shall be readmitted to the hospital. If the examining physician does not so certify, the revocation shall be cancelled and the patient shall be returned to the place from which he was taken.
(e) If the patient is readmitted to the hospital, he may apply immediately for a judicial review of his admission, and he shall be given a written notice of this right and of his right to legal counsel. (Added 1977, No. 252 (Adj. Sess.), § 33.)