PART VIII.  INVOLUNTARY OUTPATIENT TREATMENT

 

Note

 

  Part heading effective until December 31, 2013.  For part heading effective January 1, 2014, see below.

 

PART VIII.  ASSISTED COMMUNITY TREATMENT

 

Note

 

  The part heading was amended by L 2013, c 221, §2, effective January 1, 2014, and subject to repeal and reenactment on July 1, 2020.  L 2013, c 221, §24.  For part heading effective until December 31, 2013, see above.

 

Cross References

 

  Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.

 

     §334-121  Criteria for involuntary outpatient treatment.  [Section effective until December 31, 2013.  For section effective January 1, 2014, see below.]  A person may be ordered to obtain involuntary outpatient treatment if the family court finds that:

     (1)  The person is suffering from a severe mental disorder or from substance abuse; and

     (2)  The person is capable of surviving safely in the community with available supervision from family, friends, or others; and

     (3)  The person, at some time in the past:  (A) has received inpatient hospital treatment for a severe mental disorder or substance abuse, or (B) has been imminently dangerous to self or others, or is gravely disabled, as a result of a severe mental disorder or substance abuse; and

     (4)  The person, based on the person’s treatment history and current behavior, is now in need of treatment in order to prevent a relapse or deterioration which would predictably result in the person becoming imminently dangerous to self or others; and

     (5)  The person’s current mental status or the nature of the person’s disorder limits or negates the person’s ability to make an informed decision to voluntarily seek or comply with recommended treatment; and

     (6)  There is a reasonable prospect that the outpatient treatment ordered will be beneficial to the person.

 

     §334-121  Criteria for assisted community treatment.  [2013 amendment effective January 1, 2014.  Repeal and reenactment on July 1, 2020.  L 2013, c 221, §24.  For section effective until December 31, 2013, see above.]  A person may be ordered to obtain assisted community treatment if the family court finds that:

     (1)  The person is mentally ill or suffering from substance abuse; and

     (2)  The person is unlikely to live safely in the community without available supervision based on the professional opinion of a psychiatrist; and

     (3)  The person, at some time in the past:  (A) has received inpatient hospital treatment for mental illness or substance abuse or (B) has been found to be imminently dangerous to self or others, as a result of mental illness or substance abuse; and

     (4)  The person, based on the person's treatment history and current condition, is now in need of treatment in order to prevent a relapse or deterioration which would predictably result in the person becoming imminently dangerous to self or others; and

     (5)  The person has a history of a lack of adherence to treatment for mental illness or substance abuse, and the person's current mental status or the nature of the person's disorder limits or negates the person's ability to make an informed decision to voluntarily seek or comply with recommended treatment; and

     (6)  The assisted community treatment is medically appropriate, and in the person's medical interests; and

     (7)  Considering less intrusive alternatives, assisted community treatment is essential to prevent the danger posed by the person. [L 1984, c 251, pt of §1; am L 1992, c 138, §2; am L 2013, c 221, §7]