Delaware Code

16 Del. C. § 5010 (2026)

Discharge by the hospital

✓ current as of May 2026

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Notwithstanding the pendency of the action or any order previously entered by the court, if at any time after the complaint is filed the hospital determines that the involuntary patient no longer meets the criteria for provisional admission or involuntary inpatient commitment, the hospital shall so certify in writing and immediately discharge the person and advise the court of its determination and the discharge. Upon receipt of such certification, the court shall dismiss the action. A person involuntarily hospitalized pursuant to the emergency detention, provisional admission or involuntary commitment sections of this chapter may be discharged pursuant to this section without further order of the court.

60 Del. Laws, c. 95, § 1; 78 Del. Laws, c. 179, § 182; 79 Del. Laws, c. 442, § 1;

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: State v. Topolski (Del. Super. Ct. 2023).

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State v. Topolski (Del. Super. Ct. 2023). “The fundamental flaw in this legislative scheme is that it fails to account for the differences between an incompetent defendant and an insanity acquittee.”

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