PART VIII.  ASSISTED COMMUNITY TREATMENT

Note

  Part heading amended by L 2013, c 221, §§2, 24; L 2016, c 114, §6.

Cross References

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

Attorney General Opinions

  Regarding the meaning and functioning of this chapter and the assisted community treatment provisions under this part:  (1) to be deemed "imminently dangerous to self or others", the individual does not need to be currently dangerous to self or others; (2) determinations surrounding whether a person is "dangerous to self" or "imminently dangerous to self or others" are mixed questions of fact and law; (3) if an individual is not "imminently dangerous to self or others", the individual may be placed under an assisted community treatment order, if appropriate; and (4) an individual may be forcibly medicated under an assisted community treatment order if the individual is within an emergency department or admitted to a hospital, it is determined there that the individual is "imminently dangerous to self or others", and the administration of medication pursuant to the assisted community treatment order is indicated by good medical practice.  Att. Gen. Op. 23-01.

     §334-121  Criteria for assisted community treatment.  A person may be ordered to obtain assisted community treatment if the family court finds, based on the professional opinion of a psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization, that:

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

     (2)  The person is unlikely to live safely in the community without available supervision, is now in need of treatment in order to prevent a relapse or deterioration that would predictably result in the person becoming imminently dangerous to self or others, 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;

     (3)  The person has a:

          (A)  Mental illness that has caused that person to refuse needed and appropriate mental health services in the community; or

          (B)  History of lack of adherence to treatment for mental illness or substance abuse that resulted in the person becoming dangerous to self or others and that now would predictably result in the person becoming imminently dangerous to self or others; and

     (4)  Considering less intrusive alternatives, assisted community treatment is essential to prevent the danger posed by the person, is medically appropriate, and is in the person's medical interests. [L 1984, c 251, pt of §1; am L 1992, c 138, §2; am L 2013, c 221, §§7, 24; am L 2016, c 114, §6; am L 2017, c 88, §2; am L 2019, c 129, §4]