36-4001. Definitions
(Eff. 1/1/24)
In this article, unless the context otherwise requires:
1. " Attorney for the state" means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to this chapter.
2. " Biannually" means twice per year.
3. " Committed defendant" :
(a) Means a person who has been determined to be incompetent and nonrestorable and dangerous pursuant to title 13, chapter 41.
(b) Includes the committed defendant’s attorney or the committed defendant’s court-appointed guardian, if any.
4. " Competent professional" means a person who is:
(a) Familiar with this state’s criminal and involuntary commitment statutes and standards that are available in this state for persons with a mental illness, defect or disability.
(b) Approved by the superior court as meeting court approved guidelines.
5. " Dangerous" means that, as a result of a mental illness, defect or disability, a person’s continued behavior can reasonably be expected, on the basis of a mental health expert’s opinion, to result in serious physical harm or death to another person.
6. " Less restrictive alternative" means court-ordered treatment in a setting that is less restrictive than total confinement.
7. " Medical director" means the medical director of the secure behavioral health residential facility in which the committed defendant resides.
8. " Mental illness, defect or disability" means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including a congenital mental condition, a condition resulting from injury or disease or a developmental disability as defined in section 36-551.
9. " Secure state mental health facility" means a secure behavioral health residential facility that is licensed pursuant to section 36-425.06.