Note
Part heading amended by L 2013, c 221, §§2, 24; L 2016, c 114, §6.
Annual report to 2018-2024 legislature on department use of assisted community treatment process. L 2017, c 111, §5.
Cross References
Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.
§334-121 Criteria for assisted community treatment. A person may be ordered to obtain assisted community treatment if the family court finds, based on the professional opinion of a psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization, that:
(1) The person is mentally ill or suffering from substance abuse;
(2) The person is unlikely to live safely in the community without available supervision, is now in need of treatment in order to prevent a relapse or deterioration that would predictably result in the person becoming imminently dangerous to self or others, and the person's current mental status or the nature of the person's disorder limits or negates the person's ability to make an informed decision to voluntarily seek or comply with recommended treatment;
(3) The person has a:
(A) Mental illness that has caused that person to refuse needed and appropriate mental health services in the community; or
(B) History of lack of adherence to treatment for mental illness or substance abuse that resulted in the person becoming dangerous to self or others and that now would predictably result in the person becoming imminently dangerous to self or others; and
(4) Considering less intrusive alternatives, assisted community treatment is essential to prevent the danger posed by the person, is medically appropriate, and is in the person's medical interests. [L 1984, c 251, pt of §1; am L 1992, c 138, §2; am L 2013, c 221, §§7, 24; am L 2016, c 114, §6; am L 2017, c 88, §2; am L 2019, c 129, §4]