PART VIII.  ASSISTED COMMUNITY TREATMENT

 

Note

 

  The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020.  L 2013, c 221, §24.

 

Cross References

 

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

 

     §334-121  Criteria for assisted community treatment.  [Repeal and reenactment on July 1, 2020.  L 2013, c 221, §24.]  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]