Jurisdiction; Time for Granting Writ; When Immediate

Release Required. Judicial review shall be by the Superior Court. The court shall grant a writ of habeas corpus or order an evidentiary hearing within two (2) judicial days after the petition is filed. If the court finds that the person requesting release is not, as a result of a mental illness, a danger to others, or to himself, or gravely disabled, the person shall be released immediately; provided, that the court shall not release a gravely disabled individual unless all of the conditions set forth in Section 82301(d) of this Chapter relating to non- institutional care are satisfied. SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).