(a) If during or after the initiation of a crisis intervention protocol under this subchapter a mental health professional or medical professional believes the individual being detained would benefit more from a longer commitment in a residential facility, the mental health professional or medical professional may institute commitment proceedings as authorized under § 20-47-201 et seq.

(b) If a commitment proceeding is initiated under § 20-47-201 et seq. in a court with jurisdiction, that proceeding shall control and any custodial detention or treatment as part of a crisis intervention protocol initiated under this subchapter shall cease in lieu of any commitment or treatment ordered by the court.

(c) (1) A crisis intervention protocol may be ended before the maximum detention time of seventy-two (72) hours has elapsed, as described under § 20-47-810, by the law enforcement agency that has custody of the individual at its discretion if:

(A) The individual in custody under this subchapter agrees to remain at the crisis stabilization unit voluntarily;

(B) The detaining law enforcement agency reasonably believes that the individual would not be a danger to himself or herself or to others if he or she remained at the crisis stabilization unit voluntarily; and

(C) The crisis stabilization unit agrees to allow the individual to remain at the crisis stabilization unit.

(2)

(A) An individual who is released from custody and remains at a crisis stabilization unit voluntarily under this subsection is free to leave the crisis stabilization unit at any time.

(B) A crisis stabilization unit may:

(i) Discharge an individual who is released from custody and remains at the crisis stabilization unit voluntarily at its discretion; and

(ii) As part of the discharge process and subject to the consent of the person no longer in custody, provide the person with a follow-up treatment plan and a request that the person utilize the treatment plan, including subsequent appointments with a mental health professional.