US Lawyer Database

§ 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.

§ 33-6-617. Person Eligible for Discharge

If the person, upon being readmitted under this part, is eligible for discharge under § 33-6-602, the person shall be discharged under § 33-6-602 notwithstanding § 33-3-501. The hospital shall give notice of the discharge to the courts that had been notified of the admission, and the judicial proceedings for recommitment shall be dismissed.

§ 33-6-618. Rights of Defendant in Proceedings Under This Part

In judicial proceedings under this part the person with mental illness or serious emotional disturbance has the following rights: The burden of proof to establish, as appropriate to the proceedings, that the outpatient treatment plan is proper, that the person is subject to return to the hospital, or that the plan is subject to extension, […]

§ 33-6-620. Termination of Legally Mandated Outpatient Care — Notice to Court

IF at any time the qualified mental health professional determines that: the person with mental illness or serious emotional disturbance is likely to participate in outpatient treatment without being legally obligated to do so, or the person no longer needs treatment for the mental illness or serious emotional disturbance, THEN the qualified mental health professional […]

§ 33-6-621. Reinstatement of Mandatory Outpatient Care

IF during the sixth month after discharge or after the last renewal the qualified mental health professional determines that: the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disburbance in remission, AND the person’s condition resulting from mental illness or serious emotional disturbance is likely to […]

§ 33-6-622. Hearing on Reinstatement Order

If the person files a written request for a hearing with the committing court, within thirty (30) days after receipt of notice the committing court shall hold a hearing to review the decision of the qualified mental health professional. IF AND ONLY IF the court determines that: The person has a mental illness or serious […]