13-3998. Return of person under board's jurisdiction to secure mental health facility; hearing; procedures
(L21, Ch. 390, sec. 22. Eff. until 7/1/23)
A. A written order of the chairperson of the board, vice chairperson of the board or treatment supervisor is sufficient for a law enforcement officer to take a person into custody and to transport the person to a secure mental health facility. A copy of the return order must be immediately provided to the parties, the board and the treatment supervisor. The sheriff or other peace officer shall execute the order and immediately notify the board of the person's return to the secure mental health facility.
B. Within twenty-four hours after a return order is issued, the entity that ordered the return shall provide to the parties, the board and the treatment supervisor all information and evidence that was considered when ordering the person's return.
C. Within seven days after returning the person to the secure mental health facility pursuant to section 13-3995, 13-3996 or 13-3997, the board shall hold a hearing to determine if the return was supported by sufficient cause. If the person's return was:
1. Not supported by sufficient cause, the board shall order the person's immediate release under the previously imposed conditional release terms. The board, with sufficient cause, may amend the person's conditional release terms.
2. Supported by sufficient cause, the board may amend the conditional release terms and release the person if the board finds by clear and convincing evidence that the safety of the community and the person is protected by the original or the amended conditional release terms.
3. Supported by sufficient cause and the board determines that the person is in need of further evaluation or treatment, the board may suspend the terms of conditional release and set another hearing within ninety days. The inpatient treatment supervisor shall consult with the outpatient treatment supervisor and submit a mental health report to the board by a date set by the board. The mental health report must contain a recommendation to either terminate, amend or reinstate the person's conditional release and include a proposed form of order.