Michigan Compiled Laws

Mich. Comp. Laws § 330.1426 (2026)

Protective custody; receipt of petition and physician's or psychologist's clinical certificate by peace officer; transportation.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1426 Protective custody; receipt of petition and physician's or psychologist's clinical certificate by peace officer; transportation.

Sec. 426.

    Upon delivery to a peace officer of a petition and a physician's or licensed psychologist's clinical certificate, the peace officer must take the individual named in the petition into protective custody and transport the individual immediately to the preadmission screening unit or hospital designated by the community mental health services program for hospitalization under section 423. If the individual taken to a preadmission screening unit meets the requirements for hospitalization, then unless the community mental health services program makes other transportation arrangements, the peace officer must take the individual to a hospital designated by the community mental health services program. The community mental health services program may arrange for a security transport officer to transport the individual to the hospital. Transportation to another hospital due to a transfer is the responsibility of the community mental health services program.

    

    

History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022

Notes of Decisions
Cited in 2 cases, 1987–2018 · leading case: United States v. McMichael, 350 F. Supp. 3d 647 (W.D. Mich. 2018).
United States v. McMichael, 350 F. Supp. 3d 647 (W.D. Mich. 2018). · cites it 2× “See Mich. Comp. Laws §§ 330.1426 -1427. These mechanisms are not relevant here, since Mr.”
Hoffman v. Genesee Cnty., 403 N.W.2d 485 (Mich. Ct. App. 1987). · cites it 2× “Compare MCL 330.1426; MSA 14.800(426). It does not create an affirmative duty on the part of police officers to take into custody persons requiring treatment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.