Ark. Code Ann. » Title 20 Chapter 47
Arkansas Code Annotated

Ark. Code Ann. § 20-47-210 (2026)

Immediate confinement — Initial evaluation and treatment

✓ current as of May 2026
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  1. Whenever it appears that a person is of danger to himself or herself or others, as defined in § 20-47-207, and immediate confinement appears necessary to avoid harm to the person or others:
    1. An interested citizen may take the person to a hospital or to a receiving facility or program. If no other safe means of transporting the individual is available, it shall be the responsibility of the law enforcement agency that exercises jurisdiction at the site where the individual is physically located and requiring transportation, or unless otherwise ordered by the judge. A petition, as provided in § 20-47-207, shall be filed in the circuit court of the county in which the person resides or is detained within seventy-two (72) hours, excluding weekends and holidays, and a hearing, as provided in § 20-47-209(a)(1) shall be held; or
    2. Any person filing a petition for involuntary admission may append to the petition a request for immediate confinement which shall state with particularity facts personally known to the affiant which establish reasonable cause to believe that the person sought to be involuntarily admitted is in imminent danger of death or serious bodily harm or that the lives of others are in imminent danger of death or serious bodily harm due to the mental state of the person sought to be involuntarily admitted.
    1. When a petition for involuntary admission with a request for immediate confinement appended thereto is filed, the petitioner shall then appear before a circuit judge of the county where the person sought to be immediately confined resides or is found.
    2. The circuit judge shall then conduct an ex parte hearing for the purpose of determining whether there is reasonable cause to believe that the person meets the criteria for involuntary admission and, furthermore, that the person is in imminent danger of death or serious bodily harm or that others are in danger of death or serious bodily harm due to the mental condition of the person sought to be involuntarily admitted.
    3. If the circuit judge determines that immediate confinement is necessary to prevent death or serious bodily harm to either the person sought to be involuntarily admitted or to others, the judge shall order the law enforcement agency that exercises jurisdiction at the site where the individual is physically present to transport the individual to an appropriate receiving facility. A hearing, as provided for in § 20-47-209(a)(1), shall be held within seventy-two (72) hours of the person's detention and confinement.
  3. If the person is transported to a hospital or to a receiving facility or program or to the office of a licensed physician of the State of Arkansas or of the United States Government, either salaried or self-employed, for purposes of initial evaluation and treatment, then the hospital or receiving facility or program or physician may detain the person for initial evaluation and treatment provided:
    1. The person is immediately advised of his or her rights as provided in § 20-47-211;
    2. The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in § 20-47-207; and
    3. A hearing pursuant to § 20-47-209(a)(1) is held within the specified time period.
  4. Nothing herein shall prevent the person so detained from being released sooner than the period specified in § 20-47-205 if in the judgment of the treatment staff of the hospital, of the receiving facility or program, or of the treating physician the person does not require further mental health treatment. The court shall be immediately advised in writing of the release and shall dismiss the action.

History. Acts 1989, No. 861, § 6; 1989 (3rd Ex. Sess.), No. 72, § 2.

Research References

ALR.

Validity, Construction, and Application of Overt Act Requirement of State Statutes Providing for Commitment of Sexually Dangerous Persons. 56 A.L.R.6th 647.

Case Notes

In General.

Under former similar statute, whenever it appeared that a person was mentally ill, that at least one of the standards for involuntary civil commitment was applicable, and immediate confinement appeared to be necessary in order to avoid harm to that person or others, any law enforcement officer on his own initiative or at the request of any interested citizen was authorized to take the person forthwith to a regularly licensed and practicing physician in the county in which the person resided or was found, or to the nearest public community mental health facility in the applicable mental health catchment area, or the State Hospital. Wessel v. Pryor, 461 F. Supp. 1144 (E.D. Ark. 1978) (decision under prior law).

Due Process.

Defendant state healthcare professionals owed no Fourteenth Amendment Due Process-level duty of care to a voluntary mental health facility patient, and even if her removal from suicide watch 3 days before she hanged herself and § 20-47-204(2) and subsection (c) of this section gave her involuntary status, plaintiff administratrix of her estate's Due Process claim failed because upon being discovered, she was no different than any unconscious patient in an emergency room and simple or professional negligence standards applied. Shelton v. Ark. Dep't of Human Servs., 677 F.3d 837 (8th Cir. 2012).

Noncompliance.

Since the legislature intended mandatory compliance with subdivision (a)(1), failure to file a petition within 72 hours, excluding weekends and holidays, requires dismissal of the petition. Campbell v. State, 311 Ark. 641, 846 S.W.2d 639 (1993).

Cited: Hattison v. State, 324 Ark. 317, 920 S.W.2d 849 (1996).

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1993–2025 · leading case: Hattison v. State, 920 S.W.2d 849 (Ark. 1996).
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Hattison v. State, 920 S.W.2d 849 (Ark. 1996). · cites it 16× “State, supra , we held that where a petition for involuntary commitment was not filed within 72 hours of an individual's confinement, as required by the mandatory language of Ark.Code Ann. § 20-47-210, the Probate Court lacked jurisdiction to decide the petition.”
Chatman v. State, 985 S.W.2d 718 (Ark. 1999). · cites it 16× “See Ark. Code Ann. § 20-47-210 (Repl. 1991). Under § 20-47-210, whenever a person is a danger to himself or to others and immediate confinement appears necessary, a law enforcement agency in the jurisdiction shall transport that person to a hospital or receiving facility, if…”
Campbell v. State, 846 S.W.2d 639 (Ark. 1993). · cites it 6× “On appeal, appellant argues the court committed error by not dismissing the commitment proceedings against him pursuant to Ark. Code Ann. § 20-47-210 (Repl. 1991) and the court violated his constitutionally vested liberty interest by not dismissing the proceedings against him.”
Buchte v. State, 990 S.W.2d 539 (Ark. 1999). · cites it 7× “See Ark. Code Ann. § 20-47-210 (Repl. 1991). Under § 20-47-210, whenever a person is a danger to himself or to others and immediate confinement appears necessary, a law enforcement agency in the jurisdiction shall transport that person to a hospital or receiving facility, if…”
Dickinson v. State, 270 S.W.3d 863 (Ark. 2008). · cites it 4× “Following a preliminary hearing, an order for immediate detention for seventy-two hours was issued, pursuant to Ark.Code Ann. § 20-47-210 (Repl.2001). [1] In accordance with the procedures set forth in Ark.”
Winters v. Arkansas Dep't of Health & Human Servs., 437 F. Supp. 2d 851 (E.D. Ark. 2006). · cites it 6× “] Section 20-47-210 is captioned “Immediately Confining Dangerous Persons”, and subsection (a)(2) states: (a)(2) Any person filing a petition for involuntary admission may append to the petition a request for immediate confinement which shall state with particularity facts…”
In the Matter of Christopher Springer, Christopher Springer v. Charles Jensen, M.D., 2020 Ark. App. 435 (Ark. Ct. App. 2020). · cites it 10× “Ark. Code Ann. § 20-47-210 (a)(1). At the crux of this issue, the statute says that “[a] petition, as provided in § 20-47-207, shall be filed in the circuit court of the county in which the person resides or is detained within seventy-two hours, excluding weekends and holidays,…”
Shelton v. Arkansas Dept. of Human Servs., 677 F.3d 837 (8th Cir. 2012). “§ 20-47-204(2); see also Ark.Code Ann. § 20-47-210(c). *841 In making this argument, Appellant appears to concede that, when Dr.”
Cannon v. Garland Cnty., 948 F. Supp. 1368 (W.D. Ark. 1996). · cites it 8× “§ 1983 , and requests declaratory and injunctive relief that the Arkansas statute [Ark.Code Ann. § 20-47-210(a) ] permitting detention pursuant to involuntary commitment proceedings for more than forty-eight (48) hours violates the Fourth and Fourteenth Amendments to the U.”
Chuong Le v. State of Arkansas, 2025 Ark. App. 165 (Ark. Ct. App. 2025). · cites it 6× “Ark. Code Ann. § 20-47-210 (c). All these provisions contemplate an initial evaluation and treatment being conducted before a Section Five Hearing occurs.”
Shelton v. Arkansas Dep't of Human Servs., 677 F.3d 837 (8th Cir. 2012). “§ 20^47-204(2); see also Ark.Code Ann. § 20-47-210(c). *841 In making this argument, Appellant appears to concede that, when Dr.”
Kylynne Alyse Durden v. Conway Behavioral Health Hosp., LLC, 2025 Ark. App. 284 (Ark. Ct. App. 2025). · cites it 4× “On August 7, 2023, CBH filed a motion for summary judgment, arguing that Durden’s admission to the facility was voluntary—as evidenced by her signed admission consent forms and deposition testimony—and after she requested her release, CBH had the legal authority pursuant to…”
Show all 13 citing cases →
Ark. Code Ann. § 20-47-210(a): 1 case
Cannon v. Garland Cnty., 948 F. Supp. 1368 (W.D. Ark. 1996). “§ 1983 , and requests declaratory and injunctive relief that the Arkansas statute [Ark.Code Ann. § 20-47-210(a) ] permitting detention pursuant to involuntary commitment proceedings for more than forty-eight (48) hours violates the Fourth and Fourteenth Amendments to the U.”
Ark. Code Ann. § 20-47-210(a)(1): 1 case
Cannon v. Garland Cnty., 948 F. Supp. 1368 (W.D. Ark. 1996). “§ 1983 , and requests declaratory and injunctive relief that the Arkansas statute [Ark.Code Ann. § 20-47-210(a) ] permitting detention pursuant to involuntary commitment proceedings for more than forty-eight (48) hours violates the Fourth and Fourteenth Amendments to the U.”
Ark. Code Ann. § 20-47-210(a)(2): 1 case
In the Matter of Christopher Springer, Christopher Springer v. Charles Jensen, M.D., 2020 Ark. App. 435 (Ark. Ct. App. 2020). “Ark. Code Ann. § 20-47-210 (a)(1). At the crux of this issue, the statute says that “[a] petition, as provided in § 20-47-207, shall be filed in the circuit court of the county in which the person resides or is detained within seventy-two hours, excluding weekends and holidays,…”
Ark. Code Ann. § 20-47-210(a)(l): 2 cases
Campbell v. State, 846 S.W.2d 639 (Ark. 1993). “On appeal, appellant argues the court committed error by not dismissing the commitment proceedings against him pursuant to Ark. Code Ann. § 20-47-210 (Repl. 1991) and the court violated his constitutionally vested liberty interest by not dismissing the proceedings against him.”
Cannon v. Garland Cnty., 948 F. Supp. 1368 (W.D. Ark. 1996). “§ 1983 , and requests declaratory and injunctive relief that the Arkansas statute [Ark.Code Ann. § 20-47-210(a) ] permitting detention pursuant to involuntary commitment proceedings for more than forty-eight (48) hours violates the Fourth and Fourteenth Amendments to the U.”
Ark. Code Ann. § 20-47-210(b)(3): 1 case
Winters v. Arkansas Dep't of Health & Human Servs., 437 F. Supp. 2d 851 (E.D. Ark. 2006). “] Section 20-47-210 is captioned “Immediately Confining Dangerous Persons”, and subsection (a)(2) states: (a)(2) Any person filing a petition for involuntary admission may append to the petition a request for immediate confinement which shall state with particularity facts…”
Ark. Code Ann. § 20-47-210(c): 3 cases
Shelton v. Arkansas Dept. of Human Servs., 677 F.3d 837 (8th Cir. 2012). “§ 20-47-204(2); see also Ark.Code Ann. § 20-47-210(c). *841 In making this argument, Appellant appears to concede that, when Dr.”
In the Matter of Christopher Springer, Christopher Springer v. Charles Jensen, M.D., 2020 Ark. App. 435 (Ark. Ct. App. 2020). “Ark. Code Ann. § 20-47-210 (a)(1). At the crux of this issue, the statute says that “[a] petition, as provided in § 20-47-207, shall be filed in the circuit court of the county in which the person resides or is detained within seventy-two hours, excluding weekends and holidays,…”
Shelton v. Arkansas Dep't of Human Servs., 677 F.3d 837 (8th Cir. 2012). “§ 20^47-204(2); see also Ark.Code Ann. § 20-47-210(c). *841 In making this argument, Appellant appears to concede that, when Dr.”
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