Hearing on Reinstatement Order

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  1. If the person files a written request for a hearing with the committing court, within thirty (30) days after receipt of notice the committing court shall hold a hearing to review the decision of the qualified mental health professional. IF AND ONLY IF the court determines that:
    1. The person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission,
    2. The person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under § 33-6-501 unless treatment is continued,
    3. The person is not likely to participate in outpatient treatment unless legally obligated to do so, AND
    4. Mandatory outpatient treatment is a suitable less drastic alternative to commitment,

      THEN

    5. the obligation to participate in outpatient treatment is renewed for six (6) months.
    1. IF, after a hearing, the court does not determine the obligation to participate in outpatient treatment to be renewed,
    2. THEN the person is discharged from the outpatient treatment obligation.


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