§ 40.1-5-12. Habeas corpus and other remedies. 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. History of Section. P.L. 1974, ch. 119, § 1.
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