In this subchapter-
(1) the term "mental illness" means a diagnosable mental, behavioral, or emotional disorder-
(A) of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and
(B) that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities;
(2) the term "preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders" means a person who-
(A)(i) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or
(ii) manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and
(B) is deemed eligible by designated judges;
(3) the term "court-ordered assisted outpatient treatment" means a program through which a court may order a treatment plan for an eligible patient that-
(A) requires such patient to obtain outpatient mental health treatment while the patient is not currently residing in a correctional facility or inpatient treatment facility; and
(B) is designed to improve access and adherence by such patient to intensive behavioral health services in order to-
(i) avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and
(ii) provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization; and
(4) the term "eligible patient" means an adult, mentally ill person who, as determined by a court-
(A) has a history of violence, incarceration, or medically unnecessary hospitalizations;
(B) without supervision and treatment, may be a danger to self or others in the community;
(C) is substantially unlikely to voluntarily participate in treatment;
(D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety;
(E) has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; or
(F) due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.
(
Section was formerly classified to section 3796ii–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
A prior section 2202 of title I of
2016-Pars. (3), (4).