§ 16-100-207. Mental health treatment under program — Failure to comply with program

(a)

1. (1) A mental health specialty court shall order mental health treatment for a mental health specialty court program participant for at least six (6) months.

2. (2) Any mental health treatment ordered under subdivision (a)(1) of this section shall meet the minimum standards of mental health treatment promulgated by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(b) A mental health specialty court program participant may be removed from a mental health specialty court program by the mental health specialty court following a hearing with notice and an opportunity for the mental health specialty court program participant to be heard, if:

1. (1) The mental health specialty court program participant:

   1. (A) Knowingly fails to abide by the terms and conditions of the mental health specialty court program; or

   2. (B) Is not suffering from a recognized mental illness in the opinion of a healthcare provider or mental health specialist assigned or ordered by the mental health specialty court to determine whether or not the mental health specialty court program participant suffers from a recognized mental illness; or

2. (2) The mental health specialty court finds that retaining the mental health specialty court program participant in a mental health specialty court program does not serve the best interests of justice, the public, the state, or the mental health specialty court program participant.

(c) If a mental health specialty court program participant is removed from a mental health specialty court program for any of the reasons set out under subsection (b) of this section, the mental health specialty court program participant’s case shall be transferred to the appropriate court having jurisdiction.