26B-5-333. Circumstances under which conditions justifying initial involuntary commitment shall be considered to continue to exist.
(1) When an individual is involuntarily committed to the custody of a local mental health authority under Subsection, the conditions justifying commitment under that Subsection shall be considered to continue to exist for purposes of continued treatment under Subsectionor conditional release under Sectionif the court finds that: 26B-5-332(16) 26B-5-332(17) 26B-5-337 the patient is still mentally ill; there is no appropriate less restrictive alternative to a court order of involuntary commitment; and absent an order of involuntary commitment, the patient will likely pose a substantial danger to self or others.
(2) When an individual has been ordered to assisted outpatient treatment under Subsection, the individual may be involuntarily committed to the custody of a local mental health authority under Subsectionfor purposes of continued treatment under Subsectionor conditional release under Section, if the court finds that: 26B-5-351(14) 26B-5-332(16) 26B-5-332(17) 26B-5-337 the patient is still mentally ill; there is no appropriate less-restrictive alternative to a court order of involuntary commitment; and based upon the patient's conduct and statements during the preceding six months, or the patient's failure to comply with treatment recommendations during the preceding six months, the court finds that absent an order of involuntary commitment, the patient is likely to pose a substantial danger to self or others.
(3) A patient whose treatment is continued or who is conditionally released under the terms of this section shall be maintained in the least restrictive environment available that can provide the patient with treatment that is adequate and appropriate.