§ 10-6A-05

§10–6A–05. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 703 AND 704 OF 2024 //

(a) The court may order the respondent to receive assisted outpatient treatment on a finding by clear and convincing evidence that:

(1) The respondent is at least 18 years old;

(2) The respondent has a serious and persistent mental illness;

(3) The respondent has demonstrated a lack of adherence with treatment for the serious and persistent mental illness that has:

(i) At least twice within the 36–month period immediately preceding the filing of the petition, been a significant factor in necessitating inpatient admission to a psychiatric hospital for at least 48 hours or receipt of psychiatric services in a correctional facility; or

(ii) At least once within the 36–month period immediately preceding the filing of the petition, resulted in an act of serious violent behavior toward self or others, or patterns or threats of, or attempts at, serious physical harm to self or others;

(4) In view of the respondent’s treatment history and behavior at the time the petition is filed, the respondent is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would create a substantial risk of serious harm to the individual or harm to others;

(5) The respondent is unlikely to adequately adhere to outpatient treatment on a voluntary basis, as demonstrated by the respondent’s history of treatment nonadherence in the 36–month period immediately preceding the filing of the petition that is not due to financial, transportation, or language issues in the immediately preceding 36–month period; and

(6) In consideration of items (1) through (5) of this subsection, assisted outpatient treatment is the least restrictive alternative appropriate to maintain the health and safety of the respondent.

(b) Time that the respondent spent hospitalized or incarcerated may not be included when calculating the time period under subsection (a)(3)(i) or (ii) of this section.