Detox Release (Peace Officer, Physician or Hospital Emergency Statutory, 72-Hour Hold)
Minnesota Statutes Chapter 253B provides legal authority for a police officer, physician or hospital to hold a person against their will, to deprive them of their Liberty and freedom, without a court order for a limited time, based upon claims of chemical health or mental health emergency.
72 hour hold law. The most common are 72 hour mental health emergency (hospital) holds and 72 hour chemical health (Detox) holds.
This law is sometimes abused by police officers who feel offended by an arrestee. Yet a person should not be brought to or admitted into detox except for medical reasons. Often certain police officers who are upset with an arrested person, will put that person into detox as revenge, since it is difficult to get out of detox in less than three days (more difficult than getting out of jail.) Sometimes, other circumstances result in a person being illegally or improperly held in a detox center or hospital locked unit – for example, attempted illegal serial statutory holds (72 hours + 72 hours …). These abuses are expensive and a scandalous waste of taxpayer dollars and public healthcare resources.
To convince a judge to sign an Order releasing a person from detox lock-up before the 72-hour statutory hold expires generally requires the vital signs of the person detained to be adequate to remove any medical emergency. Even if a person was drunk when admitted, often the next day they are sober without any addiction withdrawal symptoms. If so, there should be no medical reason for them to be detained there. Is it worth the cost of hiring a lawyer and paying court civil filing fees to get released a day or two sooner? That is for each person to decide.
Thomas C Gallagher, of GALLAGHER CRIMINAL DEFENSE, has handled numerous cases of this type. It begins with a phone call from a person who is being held against their will in a hospital or detox center, supposedly “for their own good.” Time is of the essence in these cases. As a result, Gallagher might not be able to help on any given day. Call to inquire. Although these cases can be challenging, Gallagher has been fortunate and quite successful for his clients over the years.