§ 33-7-401. Mandatory Community-Based Services for Felony Defendant Incompetent to Stand Trial but Not Committable
IF AND ONLY IF a court with criminal jurisdiction holds a hearing to commit an adult with mental illness under § 33-7-301, AND the court finds on proof by clear and convincing evidence that the person is: charged with a felony, incompetent to stand trial, not committable under § 33-6-502, AND at risk of becoming […]
§ 33-7-402. Mandatory Community-Based Services for Person Found in Need of Services by Forensic Examiner
If upon completion of an evaluation of a person under § 33-7-301, the department determines that the person meets the standards in § 33-7-401(2)(B), (C), and (D), and (3), the department shall attempt to develop a community-based services plan for the person for the purpose stated. The plan shall be for a maximum of two […]
§ 33-7-403. Hearing
If a defendant contests a plan proposed by the department under § 33-7-401, the court shall hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The court shall either approve the plan or approve the plan as modified by the department […]
§ 33-7-404. Periodic Need Assessment
A service provider for a person under § 33-7-401 shall assess the person’s needs at least every six (6) months and shall report to the court every six (6) months on the person’s progress toward the goal of the plan, prospects for recovery, the person’s current condition, the time required for relevant kinds of recovery, […]
§ 33-7-405. Referral to Other Service Provider Where Services Under This Part Not Effective
If after two (2) years of intensive services for competence to stand trial under § 33-7-401, the person has not made substantial progress to attain competence to stand trial, the service provider shall assess the person’s needs and may terminate the service plan and recommend to the court that the person be referred to other […]