36-541.01. Release or discharge from treatment before expiration of period ordered by court; notification of intent to release or discharge; hearing; immunity
A. A patient who is found to have a grave disability or a persistent or acute disability and who is ordered to undergo treatment pursuant to this article may be released from inpatient treatment when, in the opinion of the medical director of the mental health treatment agency, the level of care offered by the agency is no longer required. The patient may agree to continue treatment voluntarily. If the patient is to be released, the medical director shall arrange for an appropriate alternative placement. If the patient who is to be released from inpatient treatment is under a guardianship, the medical director of the mental health treatment agency shall notify the guardian and any relevant regional behavioral health authority ten days before the intended release date that the patient no longer requires the level of care that is offered by the agency. The guardian and, if relevant, the regional behavioral health authority shall arrange alternative placement with the advice and recommendations of the medical director of the mental health treatment agency.
B. A patient who is ordered to undergo treatment pursuant to this article may be released from treatment before the expiration of the period ordered by the court if, in the opinion of the medical director of the mental health treatment agency, the patient no longer is, as a result of a mental disorder, a danger to others or a danger to self or no longer has a persistent or acute disability or a grave disability. A person who is ordered to undergo treatment as a danger to others or who has had a petition filed by a prosecutor pursuant to section 13-4517 may not be released or discharged from treatment before the expiration of the period for treatment ordered by the court unless the medical director first gives notice of intention to do so as provided by this section.
C. Before the release or discharge of a patient who is ordered to undergo treatment, the medical director of the mental health treatment agency shall notify the following of the medical director's intention to release or discharge the patient:
1. The presiding judge of the court that entered the order for treatment.
2. Any relative or victim of the patient who has filed a demand for notice with the treatment agency.
3. Any person found by the court to have a legitimate reason for receiving notice.
D. If the patient is undergoing court-ordered treatment as the result of a petition filed by a prosecuting agency pursuant to section 13-4517, the medical director of the mental health treatment agency shall notify the court and the prosecuting agency if a civil commitment order issued pursuant to this chapter expires or is terminated, or if the patient is discharged to outpatient treatment. The medical director shall provide this notice by mail at least five days before the anticipated date of the expiration, termination or discharge. This subsection does not apply to amended orders that are a result of the patient's need for acute or emergency care during the period of court-ordered treatment.
E. If the medical director of the mental health treatment agency is unable to determine, based on the information submitted pursuant to subsection F of this section, that a person who has filed a demand for notice is a victim, the medical director shall inform that person that that person's demand for notice is denied and that notice will not be given unless ordered by the court pursuant to subsection G of this section.
F. A demand for notice by a relative or victim, and a petition for notice by other persons, shall be on a form prescribed by the administration and shall include the following information:
1. The full name of the person to receive notice.
2. The address to which notice is to be mailed.
3. The telephone number of the person to receive notice.
4. The relationship to the patient, if any, or the reasons why the person believes the person has a legitimate reason to receive notice.
5. A statement that the person will advise the treatment agency in writing by certified mail, return receipt requested, of any change in the address to which notice is to be mailed.
6. The full name of the patient who is ordered to undergo treatment as a danger to others or who has had a petition filed by a prosecutor pursuant to section 13-4517.
7. The mental health number assigned to the case by the superior court.
G. If the court receives a demand for notice by a relative or victim, the court shall order the medical director of the mental health treatment agency not to release or discharge the patient before the expiration of the period of court-ordered treatment without first giving notice to the relative or victim as provided in subsection H of this section. After considering a petition for notice, if the court finds that the petitioner has a legitimate reason for receiving prior notice, the court may order the medical director of the mental health treatment agency not to release or discharge the patient from inpatient treatment before the expiration of the period of court-ordered treatment without first giving notice to the petitioner as provided in subsection H of this section. Any order for notice shall be delivered to the mental health treatment agency and shall be filed with the patient's clinical record. If the patient is transferred to another agency or institution, any orders for notice shall be transferred with the patient.
H. A notice of intention to release or discharge shall include the following information:
1. The name of the patient to be released or discharged.
2. The type of release or discharge.
3. The date of anticipated release or discharge. Notices shall be placed in the mail, postage prepaid and addressed to the court and to each person for whom notice has been ordered, at least ten days before the date of intended release or discharge, except that notice shall be sent to the prosecuting agency at least five days before the date of intended release or discharge. For purposes of computing the notice requirement, the day of mailing shall not be counted.
I. Any person for whom prior notice is required pursuant to this section, or the court, may make a motion within the notification period that requires the court to determine whether the standard for release of the patient before the expiration of the period for court-ordered treatment has been met. A determination that the standard for release has been met may be made by the court based on a review of the record and any affidavits submitted without further hearing. For good cause, the court may order an evidentiary hearing. Whether or not a hearing is held, the court shall make a determination at the earliest possible time but no longer than three weeks after the anticipated date of release pursuant to subsection H of this section, and the patient shall be retained for the additional time required for the court's determination. In making its determination the court may order an independent examination of the patient. If a motion is not made, the patient may be released in accordance with the terms set forth in the notice without further court order. If a hearing is held pursuant to this subsection, the court shall order the medical director of the mental health treatment agency to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency.
J. If a motion has not been made pursuant to subsection I of this section, the patient may be released or discharged and the medical director of the mental health treatment agency shall send to the court a certificate that the patient is no longer a danger to others or a danger to self or no longer has a persistent or acute disability or a grave disability as the result of a mental disorder and therefore is released before the expiration of the period ordered for treatment. The court shall enter an order terminating the patient's court-ordered treatment.
K. The medical director of the mental health treatment agency shall not be held civilly liable for any acts committed by a patient who is released before the expiration of the period of court-ordered treatment if the medical director has in good faith followed the requirements of this section.