13-3996. Hearing on request of the treatment supervisor; requirements; release terms
(L21, Ch. 390, sec. 18. Eff. until 7/1/23)
A. The psychiatric security review board shall grant a hearing that is requested by a treatment supervisor. The treatment supervisor shall submit the request to the board and the parties simultaneously and include a mental health report that specifies the reasons for the request.
B. If a treatment supervisor believes that the person has violated a conditional release term or that the person's mental health has deteriorated, the board shall grant the treatment supervisor's request for a hearing and:
1. If the person is residing in a secure mental health facility, the treatment supervisor may suspend the person's conditional release pending the hearing and a determination by the board. The treatment supervisor shall submit a written mental health report, including the circumstances and the reasons for any proposed change, to the board and the parties within seven days after the request for a hearing.
2. If the person is conditionally released to the community, the chairperson or vice chairperson of the board may order the person's return to hospitalization and set a hearing pursuant to section 13-3998. If the person is returned to hospitalization, the outpatient treatment supervisor shall submit a mental health report to the board and the parties within three days after a request is made pursuant to this subsection. The mental health report must provide all of the information that was considered before granting the return order.
3. If the safety of the community or the person is not at risk, the chairperson or vice chairperson, pending the hearing and the board's determination, may allow the person to remain in the community subject to the person's conditional release terms. If the person remains in the community, the outpatient treatment supervisor shall submit a mental health report to the board and the parties within seven days after the request is made pursuant to this subsection.
C. If the person is conditionally released to the community and the outpatient treatment supervisor has reasonable cause to believe that the person has violated any term of conditional release, is in need of immediate care, custody or treatment at a secure mental health facility or that the person's mental health creates a risk to the safety of the public or any person, the outpatient treatment supervisor shall consult with the secure mental health facility, and the chief medical officer for the secure mental health facility may order that the person be taken into custody and transported to a secure mental health facility. The person shall be immediately admitted to the secure mental health facility. The outpatient treatment supervisor shall immediately provide written notice to the board, the parties and the chief medical officer of the secure mental health facility that confirms that the person has been admitted pursuant to this section. On receiving the notice, the board shall set a hearing pursuant to section 13-3998. The hearing must occur within seven days after the person's admission to the secure mental health facility, except that the board may continue the hearing for good cause or on agreement of the parties. The outpatient treatment supervisor shall submit a written mental health report to the board and the parties within three days after the person's return and must include all of the information that was considered before ordering the person's return.