§ 9.33 Court authorization to retain an involuntary patient.

(a) If the director shall determine that a patient admitted upon an
application supported by medical certification, for whom there is no
court order authorizing retention for a specified period, is in need of
retention and if such patient does not agree to remain in such hospital
as a voluntary patient, the director shall apply to the supreme court or
the county court in the county where the hospital is located for an
order authorizing continued retention. Such application shall be made no
later than sixty days from the date of involuntary admission on
application supported by medical certification or thirty days from the
date of an order denying an application for patient's release pursuant
to section 9.31, whichever is later; and the hospital is authorized to
retain the patient for such further period during which the hospital is
authorized to make such application or during which the application may
be pending. The director shall cause written notice of such application
to be given the patient and a copy thereof shall be given personally or
by mail to the persons required by this article to be served with notice
of such patient's initial admission and to the mental hygiene legal
service. Such notice shall state that a hearing may be requested and
that failure to make such a request within five days, excluding Sunday
and holidays, from the date that the notice was given to the patient
will permit the entry without a hearing of an order authorizing
retention.

(b) If no request is made for a hearing on behalf of the patient
within five days, excluding Sunday and holidays, from the date such
notice of such application was given such patient, and if the mental
hygiene legal service has not requested a hearing, the court receiving
the application may, if satisfied that the patient requires continued
retention for care and treatment or transfer and continued retention,
immediately issue an order authorizing continued retention of such
patient in such hospital for a period not to exceed six months from the
date of the order or, if such patient is in a psychiatric hospital
operated by a political subdivision of the state or in a general
hospital, such order may direct the transfer of such patient to the
jurisdiction of the department for retention in a hospital operated by
the state or to a private facility having an appropriate operating
certificate, to be retained therein for a period not to exceed six
months from the date of such order.

(c) Upon the demand of the patient or of anyone on his behalf or upon
request of the mental hygiene legal service, the court shall, or may on
its own motion, fix a date for the hearing of the application, in like
manner as is provided for hearings in section 9.31. The provisions of
such section shall apply to the procedure for obtaining and holding a
hearing and to the granting or refusal to grant an order of retention by
the court, except that if the patient has already had a hearing, he
shall not have the right to designate initially the county in which the
hearing shall be held.

(d) If the director of a hospital, in which a patient is retained
pursuant to the foregoing subdivisions of this section, shall determine
that the condition of such patient requires his further retention in a
hospital, he shall, if such patient does not agree to remain in such
hospital as a voluntary patient, apply during the period of retention
authorized by the last order of the court to the supreme court or the
county court in the county where the hospital is located for an order
authorizing further continued retention of such patient. The procedures
for obtaining any order pursuant to this subdivision shall be in
accordance with the provisions of the foregoing subdivisions of this
section; provided that the patient or anyone on his behalf or the mental
hygiene legal service may request that the patient be brought personally
before the court, in which case the court shall not grant an order for
periods of one year or longer unless such patient shall have appeared
personally before the court. The period for continued retention pursuant
to the first order obtained under this subdivision shall authorize
further continued retention of the patient for not more than one year
from the date of the order. The period for the further continued
retention of the patient authorized by any subsequent order under this
subdivision shall be for periods not to exceed two years each from the
date of the order.