At the expiration of the 28-day period of intensive treatment, a person may be confined for further treatment pursuant to the provisions of this Article for an additional period, not to exceed 90 days, if he:

(a) Has threatened, attempted, or inflicted physical harm upon himself or the person of another after having been taken into custody

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for evaluation and treatment, and who, as a result of a mental illness, presents an imminent threat of substantial physical harm to himself or others; or

(b) Had attempted or inflicted physical harm upon the person of another, that act having resulted in his being taken into custody and who presents, as a result of a mental illness, an imminent threat of sub- stantial harm to others. For purposes of this Chapter, ‘custody’ shall be construed to mean involuntary detainment under the provisions of this Chapter uninterrupted by any period of unconditioned release from a facility providing involuntary care and treatment.

SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).