§10472 — Title 34 Navy | U.S. Code

Summary

Defines who counts for court-ordered assisted outpatient treatment. "Mental illness" means a diagnosable mental, behavioral, or emotional disorder that meets the most recent DSM rules from the American Psychiatric Association and causes major life problems. "Preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders" means someone who has a diagnosis or clearly shows signs of those conditions during arrest or confinement and is found eligible by judges. "Court-ordered assisted outpatient treatment" is a court-ordered plan that requires outpatient mental health care (not in jail or a hospital) to help prevent relapse, repeat hospital stays, arrest, incarceration, suicide, property damage, or violence and to let the person live in a less restrictive setting. "Eligible patient" means an adult with mental illness who, according to a court, meets one or more criteria such as past violence or incarceration, danger to self or others without treatment, likely refusal to accept treatment, inability to meet basic needs for reasons other than poverty, risk of serious worsening without timely care, or lack of capacity to make treatment decisions.

Title 34, §10472

Navy — Source: USLM XML via OLRC

In this subchapter—

(1)the term “mental illness” means a diagnosable mental, behavioral, or emotional disorder—

(A)of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and

(B)that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities;

(2)the term “preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders” means a person who—

(A)(i)previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or

(ii)manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and

(B)is deemed eligible by designated judges;

(3)the term “court-ordered assisted outpatient treatment” means a program through which a court may order a treatment plan for an eligible patient that—

(A)requires such patient to obtain outpatient mental health treatment while the patient is not currently residing in a correctional facility or inpatient treatment facility; and

(B)is designed to improve access and adherence by such patient to intensive behavioral health services in order to—

(i)avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and

(ii)provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization; and

(4)the term “eligible patient” means an adult, mentally ill person who, as determined by a court—

(A)has a history of violence, incarceration, or medically unnecessary hospitalizations;

(B)without supervision and treatment, may be a danger to self or others in the community;

(C)is substantially unlikely to voluntarily participate in treatment;

(D)may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety;

(E)has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; or

(F)due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 3796ii–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 2202 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1956, related to prohibition of participation by violent offenders, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.

Amendments

2016—Pars. (3), (4). Pub. L. 114–255 added pars. (3) and (4).

§10472 Definitions