13-3998. Return of person under jurisdiction to secure mental health facility; hearing; procedures
(L21, Ch. 390, sec. 23. Eff. 7/1/23)
A. A written order of the court or the chief medical officer or the chief medical officer's designee 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 and the court. The sheriff or other peace officer shall execute the order and immediately notify the court 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 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 court 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 court shall order the person's immediate release under the previously imposed conditional release terms. The court, with sufficient cause, may amend the person's conditional release terms.
2. Supported by sufficient cause, the court may amend the conditional release terms and release the person if the court 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 court determines that the person is in need of further evaluation or treatment, the court 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 court by a date set by the court. 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.