13-3995. Hearing on motion of the psychiatric security review board; expedited hearing; return to hospitalization
(L21, Ch. 390, sec. 16. Eff. until 7/1/23)
A. The psychiatric security review board, on the board's own motion, may set a hearing to monitor a person's progress after giving at least sixty days' notice to the parties and the treatment supervisor. The board may order the person's treatment supervisor to provide a mental health report to the board and the parties within thirty days after providing the notice of the hearing.
B. If sufficient cause exists, the board may set an expedited hearing to monitor a person's progress or mental health. The board must include in the notice of hearing the specific reasons for the expedited hearing and attach all documents and evidence that support the need for the hearing, including any of the board's concerns that need to be addressed by the parties or the treatment supervisor. The board may order an expedited mental health report from the person's treatment supervisor.
C. If a person is conditionally released to the community and the board receives a reliable report that the person has violated the board's conditional release order or that the person's mental health has deteriorated, the chairperson or vice chairperson of the board may order the person's return to hospitalization. Before ordering a person's return to hospitalization, the chairperson or vice chairperson shall consult with the treatment supervisor or the supervisor's designee to determine if rehospitalization is necessary to protect the safety of the public or the person. With sufficient cause, the chairperson or vice chairperson may waive the requirement to consult with the treatment supervisor or the supervisor's designee and may issue the return order immediately. If the return order is issued before a consultation occurs, the chairperson or vice chairperson shall consult with the treatment supervisor or the treatment supervisor's designee as soon as possible after the order is issued. The board must set a hearing pursuant to section 13-3998.
D. Whether on the board's motion or on motion of the person or treatment supervisor, the board must hold a hearing for each person under the board's jurisdiction at least once every twenty-four months.