13-3991. Definitions
(L21, Ch. 390, sec. 10. Eff. 7/1/23)
In this article, unless the context otherwise requires:
1. " Conditional release" means release from a secure mental health facility under the specified written conditions.
2. " Dangerous" means a danger of inflicting serious physical harm on oneself or others, including attempted suicide or the serious threat of suicide, if the threat is such that, when considered in the light of the threat's context and any previous acts, the threat is substantially supportive of an expectation that it will be carried out.
3. " Independent pass" means a pass that allows a person to spend independent time in the community while remaining a resident of a secure mental health facility.
4. " Mental disease or defect" means a condition that was the basis for a person being found guilty except insane pursuant to section 13-502 or that was subsequently diagnosed while the person was committed to the secure mental health facility and for which the person needs ongoing mental health treatment.
5. " Mental health report" means a report that is written by a treatment supervisor or other qualified expert, that documents the condition of a person's mental health and that, at a minimum, includes all of the following:
(a) The person's mental condition, symptoms and diagnosis on admission to a secure mental health facility.
(b) The person's current mental condition, symptoms and diagnosis.
(c) A description of the person's treatment regimen, including any prescribed medications and the person's compliance with the prescribed medications.
(d) A description of the person's typical interactions with staff and peers and any significant variation in typical interactions.
(e) If symptoms of mental disease or defect are in remission, how long the symptoms have been in remission and what factors have contributed to the remission.
(f) Any recommendation for changes in conditional release status and the clinical reasons for the recommendation.
(g) A risk assessment, if clinically indicated.
6. " Parties" includes the person under the court's jurisdiction, the secure mental health facility, the outpatient treatment supervisor and the county attorney or the attorney general who is representing the state.
7. " Pass supervisor" means a person or agency representative who is approved by the court to accompany a person on approved conditional release for pass privileges.
8. " Propensity to reoffend" means the likelihood that a person will violently reoffend based on the person's history of criminal behavior or involvement in the criminal justice system.
9. " Qualified expert" means a psychologist or psychiatrist who:
(a) Is familiar with inpatient and outpatient treatment services in this state.
(b) Is qualified by education and experience to diagnose, evaluate and make clinical recommendations for a person with a mental disease, defect or disorder.
(c) If rendering an assessment of a person's safety in the community, has education and training in and uses valid and reliable risk assessment tools.
10. " Risk assessment" means a comprehensive assessment of a person's risk for violent behavior that is conducted by a qualified expert and that includes all of the following:
(a) The person's identifying information.
(b) The reason for the risk assessment and a list of the records reviewed, the sources of the information and any psychological tests or risk assessment tools administered.
(c) A thorough history of the person's psychosocial development and criminal history, including the index offense and any other history of violence.
(d) A clinical assessment, including the person's mental health, physical health and substance abuse history, the person's course of treatment progress or regress, the person's understanding of the committing offense, how the mental disease or defect contributed to the person's violent behavior, the person's plans if granted conditional release and a current mental status examination of the person.
(e) The person's progress and regress in treatment, including:
(i) Active management in treatment.
(ii) Medication compliance.
(iii) Meeting or exceeding treatment goals.
(iv) A history of rule violations.
(v) Compliance with conditions of release, if applicable.
(vi) Acceptance of having a mental illness and the need for treatment.
(vii) The level of reliance on as needed medications to treat symptoms of mental illness.
(f) An assessment of the person's risk for violence, including the propensity to reoffend.
(g) Case formulation and recommendations, including the person's relative risk for violence in the context of the proposed release conditions, the identification of risk variables that require ongoing management, any treatment recommendations, any recommended amendments to conditional release and an opinion regarding when an updated risk assessment might be warranted.
11. " Secure mental health facility" means a secure state mental health facility that is under the department of health services.
12. " Stable remission" means a clinical state in which there is an absence or marked attenuation in the signs and symptoms of major mental illness.
13. " Sufficient cause" means a reasonable belief that the circumstance is true or necessary and is less than a preponderance.
14. " Treatment supervisor" means a qualified expert who is a person's supervising and treating clinician.