14.1.5.190 Judicial Release from or Modification of Isolation or Quarantine

(a) Any person or group of persons isolated or quarantined pursuant to this Act may seek release from or modification of isolation or quarantine orders from the Courts of the Pueblo. Any person or group of persons detained by order of the Public Health Officer pursuant to Section 14.1.5.170 of this Act, may apply to the Courts of the Pueblo for an order to show cause for why the individual or group should be released.

(1) The Court shall rule on the application to show cause within two business days of its filing.

(2) If the Court grants the application, the Court shall schedule a hearing on the order to show cause as soon as practicable.

(3) The issuance of an order to show cause shall not stay or enjoin an isolation or quarantine order except by order of the Court.

(b) An individual or group isolated or quarantined may request a hearing in the Court for modification of isolation or quarantine orders regarding conditions of isolation or quarantine required by section 14.1.5.160 of this Act.

(1) A request for a hearing shall not stay or enjoin an isolation or quarantine order except by order of the Court.

(2) Upon receipt of a request for modification, the Court shall fix a date for hearing on the matters alleged as soon as practicable.

(3) Upon receipt of a request under this section, the Court shall fix a date for hearing on the matters alleged within five days from receipt of the request.

(c) In any proceedings brought forth under this section, in extraordinary circumstances and for good cause shown, the Public Health Officer or their designee may move the Court to extend the time for a hearing, which extension the Court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence.

(d) Any hearings under this section involving a petitioner or petitioners who are judged to be contagious for a communicable disease or condition will be conducted in a manner that utilizes appropriate infection control precautions and minimizes the risk of disease transmission.

(e) Unless otherwise specified in this Act, any proceeding brought pursuant to this Act shall adhere to the Pueblo Court – Rules of Court.