§ 33-6-707. Persons Eligible for Discharge Subject to Mandatory Outpatient Treatment
IF a person was committed involuntarily under chapter 6, part 5 of this title, AND the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND the person would pose a likelihood of serious harm under § 33-6-501 unless treatment continues, AND voluntary outpatient […]
§ 33-6-708. Discharge Procedure for Involuntarily Committed Persons
If a person is committed involuntarily by a criminal or juvenile court under chapter 6, part 5 of this title and the court determines at the time of commitment that, due to the nature of the person’s criminal conduct that created a serious risk of physical harm to other persons, the person should not be […]
§ 33-6-801. Part Definitions
As used in this part, unless the context otherwise requires: “Sex crime” means any offense involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child of fourteen (14) years of age or under or incest, a crime against nature, assault with intent to commit rape or rape; and “Sex offender” means any […]
§ 33-6-802. Examination Upon Conviction for Sex Crime
Any person convicted of a sex crime shall be examined thoroughly by a psychiatrist, licensed psychologist, licensed psychological examiner, licensed senior psychological examiner, clinical nurse specialist in psychiatry, licensed professional counselor, or licensed clinical social worker from the department of correction as soon as practicable after admittance to the penal facility. A community mental health […]
§ 33-6-803. Certification for Treatment
If, as a result of the examination provided for in § 33-6-802, it is found that the convicted person is capable of being successfully treated, this fact shall be certified by the examining official or officials to the commissioner of correction, together with the suggested treatment, whereupon, the commissioner of correction shall provide the treatment.
§ 33-6-702. Request for Current Examination of Mental Condition — Payment
Any person hospitalized under a court order obtained under chapter 6, part 5 of this title, or the person’s attorney, parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, shall be entitled, upon the expiration of ninety (90) days following the order and not more frequently than every six (6) months thereafter, […]
§ 33-6-703. Discharge of Person Eligible for Release — Petition for Review Where One (1) or More Physicians Finds Admission No Longer Needed
If, after considering the reports of the physicians and other relevant information, the chief officer determines that the person is eligible for discharge under § 33-6-602, § 33-6-705 or § 33-6-706 and that the discharge is not subject to judicial review under § 33-6-708, the chief officer shall order the immediate release of the person […]
§ 33-6-704. Procedure for Reviewing Petition
In considering the petition, the court shall consider the testimony of the physicians who participated in the examination of the person and their reports accompanying the petition. After considering the testimony and reports, the court shall either: Reject the petition and order the continued hospitalization of the person; or Order the immediate release of the […]
§ 33-6-705. Discharge of Person No Longer Meeting Standards for Admission
IF a person was admitted to a hospital for treatment of mental illness or serious emotional disturbance under any provision of this title other than chapter 6, part 5 of this title, AND the person no longer meets the standards under which the admission took place, AND the person’s detention is not otherwise authorized under […]
§ 33-6-616. Recommitment Hearing
The court where the hospital is located is vested with jurisdiction to hold the hearing on a person returned under § 33-6-611. The court shall schedule a hearing to be held under § 33-6-610 within five (5) business days of receipt of the notice.