§ 33-6-1003. Duration of Declaration — Expiration — Revocation
A declaration for mental health treatment continues in effect for two (2) years, for a lesser period if so stated, or until revoked, whichever is sooner. If a declaration for mental health treatment has been invoked and is in effect at the expiration date, the declaration remains effective until the service recipient is capable of […]
§ 33-6-1004. Signature Required — Witnesses
A declaration is effective only if it is signed by the service recipient and two (2) competent adult witnesses and is not signed on the premises of a mental health service provider. The witnesses shall attest that the service recipient is personally known to them; signed the declaration in their presence; talked with the witnesses […]
§ 33-6-1005. Effective Date and Applicability of Declaration — Compliance
A declaration becomes effective when it is signed by the declarant and all witnesses and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the service recipient has been found to be incapable of making mental health treatment decisions. The physician or provider shall continue […]
§ 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 […]
§ 33-6-706. Discharge of Involuntarily Committed Person — Person No Longer Mentally Ill or in Remission — Person Unlikely to Cause Harm — Voluntary Outpatient Treatment Possible
IF a person was committed involuntarily under chapter 6, part 5 of this title, AND the person does not have a mental illness or serious emotional disturbance, OR the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND the person does not pose […]
§ 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.