A. The Board of Mental Health and Substance Abuse Services shall promulgate rules for the reception and retention of voluntary consumers by state facilities.

B. The executive director in charge of any state facility or licensed private hospital for care and treatment of the mentally ill may at his or her discretion receive and retain therein as a consumer:

1. Any person eighteen (18) years of age or over, suitable for care and treatment, who voluntarily makes written application;

2. Any person, suitable for care and treatment at least sixteen (16) years but not over eighteen (18) years of age, with the consent of such person’s parent or guardian.

C. A person received at any facility pursuant to this section shall not be detained for a period exceeding seventy-two (72) hours, excluding weekends and holidays, from and inclusive of the date of notice in writing of his or her intention or desire to leave such hospital or facility.

D. The applicant, or someone on behalf of the applicant, must pay a bond for the cost of care and treatment or pay such cost each month in advance, unless it is determined that the applicant is a poor or indigent person as provided in this title.

Added by Laws 1953, p. 161, § 53, emerg. eff. June 3, 1953. Amended by Laws 1965, c. 265, § 1, emerg. eff. June 23, 1965; Laws 1986, c. 103, § 70, eff. Nov. 1, 1986. Renumbered from § 53 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 97, emerg. eff. April 9, 1990; Laws 2002, c. 488, § 35, eff. Nov. 1, 2002; Laws 2005, c. 150, § 41, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 13, eff. Nov. 1, 2008.