3.__Judicial review.__The application and accompanying certificate must be reviewed by a Justice of the Superior Court, Judge of the District Court or judge of probate in accordance with the following.

A.__If the judge or justice finds the application and certificate of examination__to be in compliance with the law, the judge or justice shall endorse the application and certificate of examination and commit the person to an approved treatment facility.

B.__A person may not be held against that person's will in any approved treatment facility under this section, whether voluntarily admitted under section 20044 or sought to be involuntarily admitted under this section, unless the application and certificate of examination have been endorsed by a judge or justice, except that a person for whom a physician has performed an examination and executed a certificate under subsection 2 may be detained in an approved treatment facility for a reasonable period of time, not to exceed 18 hours, pending endorsement by a judge or justice.

4.__Persons with mental illness.__If the administrator or the admitting physician of the approved treatment facility determines that involuntary commitment of the person is not required under this section, but the administrator or the admitting physician believes that the person is mentally ill, and, because of that illness, poses a likelihood of serious harm, as defined in Title 34-B, section 3863, the administrator may file an application for the issuance of an order for hospitalization under Title 34-B, section 3864.

5.__Involuntary commitment not necessary.__If an application for judicial endorsement of involuntary commitment is not effected under this section and the administrator or admitting physician determines that the provisions of subsection 4 do not apply, the administrator of the approved treatment facility shall discharge the person immediately unless the person agrees to remain on a voluntary basis.

6.__Custody and transportation.__Custody and transportation of a chemically dependent person under this section are governed by the following.