13-3995. Hearing on motion of the secure mental health facility; expedited hearing; return to hospitalization
(L21, Ch. 390, sec. 17. Eff. 7/1/23)
A. On the request of the secure mental health facility, the court shall grant a hearing to monitor a person's progress on conditional release. The secure mental health facility shall include in the request the specific reasons for requesting the hearing and any records, under seal, of communications and reports that support the need for the hearing. On the request of the person or the secure mental health facility, the court shall order the person's outpatient treatment supervisor to provide a mental health report to the court and the parties not later than fourteen days before the hearing.
B. If sufficient cause exists, the secure mental health facility may request an expedited hearing. If requested, the court shall set an expedited hearing to monitor a person's progress or mental health. The secure mental health facility must include in the request for the hearing the specific reasons for the expedited hearing and include records, under seal, of all communications and reports that support the need for the expedited hearing. The court may order an expedited mental health report from the person's outpatient treatment supervisor.
C. If a person is conditionally released to the community and the secure mental health facility has reason to believe that the person has violated the conditional release order or that the person's mental health has deteriorated, the chief medical officer or the chief medical officer's designee may order the person's return to hospitalization. Before ordering a person's return to hospitalization, the chief medical officer or the chief medical officer's designee shall consult with the outpatient treatment supervisor or the outpatient treatment supervisor's designee to determine if rehospitalization is necessary to protect the safety of the public or the person. With sufficient cause, the chief medical officer or the chief medical officer's designee may waive the requirement to consult with the outpatient treatment supervisor or the outpatient treatment supervisor's designee and may issue the return order immediately. If the return order is issued before a consultation occurs, the chief medical officer or the chief medical officer's designee shall consult with the outpatient treatment supervisor or the treatment supervisor's designee as soon as possible after the order is issued. The court shall be notified immediately and must set a hearing pursuant to section 13-3998.
D. All monthly monitoring reports regarding a person who is on conditional release shall be reviewed by the outpatient treatment supervisor, and the outpatient treatment supervisor shall notify the court and the secure mental health facility of any changes in the person's condition.