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R.I. Gen. Laws § 40.1-5-12

Habeas corpus and other remedies

Known as the Mental Health Law

The act spans §§ 40.1-5-1 to 40.1-5-9 (48 sections).

P.L. 1974, ch. 119, § 1.

Nothing in this chapter shall be construed as abrogating any rights of a person certified or someone acting on his or her behalf to petition for writ of habeas corpus and/or other relief. In addition, petitions may be specifically based upon, but not limited to, the following grounds:

(1) An alleged insufficiency or illegality of the proceedings leading to the patient’s certification not previously litigated on appeal;

(2) Although the certification proceedings were proper, the patient’s continued detention or hospitalization or the form of his or her hospitalization is not warranted under the provisions of this chapter;

(3) The absence of a planned and adequate treatment program to meet the needs of the patient.

Official source: Rhode Island General Assembly. Reproduced from public-domain Rhode Island statutes; confirm against the official source for the current text. Not legal advice.