Title 33, Mental Health and Substance Abuse and Intellectual and Developmental Disabilities

If the judge is not available and all other provisions of this part have been complied with, the admitting facility may hold the defendant for not more than twenty-four (24) hours pending a court order under § 33-6-413, and the staff may render only necessary emergency treatment.

Pending the probable cause hearing under § 33-6-422, no treatment shall be given that will make the defendant unable to consult with counsel or to prepare a defense in proceedings for involuntary care and treatment. No psychosurgery, convulsive treatments, or insulin treatment sh…

If the court orders the admission of the defendant for diagnosis, evaluation and treatment under § 33-6-413, the chief officer shall give notice of the order to the defendant and by mail or telephone to the parent, legal guardian, legal custodian, conservator, spouse, or adult ne…

If the defendant is released under § 33-6-705 or this part before the § 33-6-422 hearing, the chief officer shall notify the court that ordered the defendant's emergency diagnosis, evaluation and treatment. If the defendant is transferred to another facility before the § 33-6-422…

Probable cause proceedings under § 33-6-422 shall be conducted in conformity with §§ 33-3-610—33-3-615.

The defendant's attorney shall notify the court of the representation immediately after accepting it. If the defendant does not employ an attorney, the court shall appoint an attorney to represent the defendant not later than two (2) days after the original detention or three (3)…

If the defendant consents in writing to a waiver of hearing, counsel may waive the hearing upon proper notice to the court.

The chief officer shall file with the court, by the time of the probable cause hearing, certificates of need for care and treatment from two (2) licensed physicians; one (1) licensed physician and one (1) psychologist qualified under § 33-6-427(a); or one (1) licensed physician a…

If, after the hearing is waived or is completed and the court has completed its consideration of the evidence, including the certificates of the examining professionals, and any other information relevant to the mental condition of the defendant, the court finds probable cause to…

(1) The court shall order the release of the defendant from the hospital or treatment resource and terminate the proceedings under this part, if the court does not find both that:(1) There is probable cause to believe that the defendant is subject to care and treatment under § 33…

If the chief officer determines that the defendant's condition does not support the filing of the certificates required by § 33-6-422, the chief officer shall release the defendant. The chief officer shall release the defendant five (5) days, excluding Saturdays, Sundays, and hol…

No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime.

(a) If a person who is not a licensed physician executes the first certificate of need in support of hospitalization under this part, then only a licensed physician may execute the second certificate of need in support of hospitalization under this part. (b) If a person who is a …

(a) If a person is a licensed psychologist designated as a health service provider by the board of healing arts and is actively practicing as such, the person may take any action authorized and perform any duty imposed on a physician by §§ 33-6-401 — 33-6-406. (b) The commissione…

(1) IF AND ONLY IF(1) (A) a person has threatened or attempted suicide or to inflict serious bodily harm on the person, OR(B) the person has threatened or attempted homicide or other violent behavior, OR(C) the person has placed others in reasonable fear of violent behavior and s…

(a) IF AND ONLY IF:(1) A person has a mental illness or serious emotional disturbance, AND(2) The person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance, AND(3) The person needs care, training, or treatment because of …

No defendant may be judicially committed under this part unless two (2) licensed physicians; one (1) licensed physician and one (1) licensed psychologist qualified under § 33-6-427(a); or one (1) licensed physician and one (1) qualified advanced practice provider as defined in § …

The parent, legal guardian, legal custodian, conservator, spouse, or a responsible relative of the person alleged to be in need of care and treatment, a licensed physician, a licensed psychologist who meets the requirements of § 33-6-427(a), a health or public welfare officer, an…

If the court commits a person under this section, the person comes into the commissioner's custody only if the state-owned or operated facility or treatment resource has available suitable accommodations; provided, that, if there are no suitable available accommodations at the ti…

If a licensed public hospital or treatment resource other than a state facility has available suitable accommodations, the court may commit the defendant to the public hospital or treatment resource.

If a licensed private or local public hospital or treatment resource has contracted with the department to serve defendants in the region and has available suitable accommodations, the court shall commit the defendant to the facility, and the facility shall admit and detain the d…

(1) IF(1) (A) a parent, legal guardian, legal custodian, conservator, spouse, or an adult relative of the defendant, or any other person has made arrangements to pay the cost of care and treatment in a licensed private hospital or treatment resources, OR(B) the facility chooses t…

The chief officer of a facility to which a person is committed under this part shall not admit the person until the facility has available suitable accommodations. If a person is committed to a state facility under this part, the person does not come into the custody of the commi…

If a person ordered to be hospitalized under this part is eligible for hospital care or treatment by the veterans' administration of the United States within this state, the court, upon receipt of a certificate from the veterans' administration showing that facilities are availab…

(1) IF(1) a person with mental illness or serious emotional disturbance was committed involuntarily under chapter 6, part 5 of this title, AND(2) the hospital staff determines preliminarily that:(A) the person will need to participate in outpatient treatment on discharge, and(B) …

(1) IF(1) on the basis of a review of the person's history before and during hospitalization, the hospital staff concludes that:(A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission,(B) the perso…

(a) In developing the plan, the releasing facility and the outpatient qualified mental health professional shall consult with the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; and the service recipient'…

(1) IF(1) the person requests judicial review of the treatment plan within forty-eight (48) hours after being advised of the person's eligibility for release under it, (1) the person requests judicial review of the treatment plan within forty-eight (48) hours after being advised …

(a) IF(1) (A) the person does not request judicial review of the discharge plan, OR(B) the court approves an outpatient treatment plan after a hearing under § 33-6-604, (1) (A) the person does not request judicial review of the discharge plan, OR(B) the court approves an outpatie…

After discharge the qualified mental health professional may change the treatment plan to meet the person's treatment needs. If the qualified mental health professional changes the treatment plan, the person's obligation to participate in the treatment continues.

(1) If the person is indigent and is not eligible for payment for service under any other governmentally or privately funded system, the department shall provide for the outpatient services. The person is responsible for payment for the services, if:(1) The person is not indigent…

(1) IF(1) a person who has been discharged subject to the obligation to participate in outpatient treatment is admitted to a hospital or treatment resource before the obligation terminates, (1) a person who has been discharged subject to the obligation to participate in outpatien…

(1) IF(1) the parent, legal guardian, conservator, spouse, responsible relative, or qualified mental health professional of a service recipient who has been discharged subject to the obligation to participate in outpatient treatment, the person who initiated the commitment procee…

(a) If the person appears in person before the court, the court shall hold a hearing to determine whether the person is required to be participating in outpatient treatment and is, without good cause, not complying with the treatment plan. (b) The court shall release the person, …

(1) IF(1) the qualified mental health professional has filed an affidavit showing that:(A) the person with mental illness or serious emotional disturbance is required to be participating in outpatient treatment,(B) the person is, without good cause, not complying with the treatme…

(1) IF(1) the qualified mental health professional has not filed an affidavit with the court regarding the person with mental illness or serious emotional disturbance, AND(2) the person does not respond to the order to appear, (1) the qualified mental health professional has not …

A person's qualified mental health professional shall appoint a qualified mental health professional as a substitute in the absence of the appointing professional.

(a) The qualified mental health professional shall release the person and notify the court of the basis for the release, if the qualified mental health professional determines that:(1) The person with mental illness or serious emotional disturbance is in compliance with the treat…

(1) IF(1) the qualified mental health professional determines that:(A) the person with mental illness or serious emotional disturbance is out of compliance with the treatment plan without good cause, and(B) (i) the person cannot be put immediately in compliance with the treatment…

The court where the hospital is located is vested with jurisdiction to hold the hearing on a person returned under § 33-6-611. The court shall schedule a hearing to be held under § 33-6-610 within five (5) business days of receipt of the notice.

If the person, upon being readmitted under this part, is eligible for discharge under § 33-6-602, the person shall be discharged under § 33-6-602 notwithstanding § 33-3-501. The hospital shall give notice of the discharge to the courts that had been notified of the admission, and…

(1) In judicial proceedings under this part the person with mental illness or serious emotional disturbance has the following rights:(1) The burden of proof to establish, as appropriate to the proceedings, that the outpatient treatment plan is proper, that the person is subject t…

If a person is ordered to be rehospitalized for noncompliance with the treatment plan after a hearing under § 33-6-609, § 33-6-610 or § 33-6-611, upon readmission the person shall be held under the authority of the original court order of commitment entered in the proceedings und…

(1) IF(1) at any time the qualified mental health professional determines that:(A) the person with mental illness or serious emotional disturbance is likely to participate in outpatient treatment without being legally obligated to do so, or(B) the person no longer needs treatment…

(1) IF(1) during the sixth month after discharge or after the last renewal the qualified mental health professional determines that:(A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND(B) t…

(a) If the person files a written request for a hearing with the committing court, within thirty (30) days after receipt of notice the committing court shall hold a hearing to review the decision of the qualified mental health professional. IF AND ONLY IF the court determines tha…