§ 33-7-302. Determination and Notice of Restored Competence to Stand Trial
When the chief officer determines that a defendant in a state hospital or treatment resource who is charged with a crime is restored to competence to stand trial, the chief officer shall give notice of that fact to the clerk of the court by whose order the defendant was confined and deliver the defendant to […]
§ 33-7-303. Judicial Hospitalization or Outpatient Treatment of Person Judged Not Guilty by Reason of Insanity — Transfer to Forensic Services Unit — Appeal — Cost of Treatment
When a person charged with a criminal offense is acquitted of the charge on a verdict of not guilty by reason of insanity at the time of the commission of the offense, the criminal court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by […]
§ 33-7-304. Cost of Evaluation and Treatment — Court-Ordered Inpatient Evaluation to Be Completed Within Thirty Days of Admission
The cost of evaluation and treatment under this part, if the defendant is charged with a misdemeanor, will be a charge upon the funds of the county. If the court finds the defendant financially able to pay all or part of the costs and expenses for the evaluation and treatment, the court may order the […]
§ 33-6-1011. Immunity for Actions Taken or Not Taken in Good Faith Reliance on Declaraton
A physician or mental health service provider who administers or does not administer mental health treatment as provided in and in good faith reliance on the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action based on a subsequent finding of the declaration’s invalidity.
§ 33-6-1012. Admission to Treatment Not to Be Conditioned on Execution of Declaration for Mental Health Treatment
No mental health service provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan, or any similar insurance or medical plan, may condition admission to a mental health facility or providing mental or physical health treatment or insurance on the requirement that a person execute a […]
§ 33-6-1013. Destruction or Alteration of Declaration Prohibited — Penalty
It is an offense for a person, without authorization of the service recipient, intentionally to alter, forge, conceal, or destroy a declaration for mental health treatment, the revocation of a declaration, or any other evidence or document reflecting the service recipient’s desires and interests, with the intent or effect of affecting the service recipient’s mental […]
§ 33-6-1014. Standard Form for Declaration for Mental Health Treatment
The department shall make available a standard form and explanation for declarations for mental health treatment in simple language and easily read type with adequate space to express the preferences and instructions of the service recipient. The form shall include at least the following information: The effect of making the declaration; The basic power of […]
§ 33-6-1015. Providers to Have Written Policies and Procedures Relating to Declarations for Mental Health Treatment
A mental health service provider shall maintain written policies and procedures, applicable to all competent adults who receive mental health treatment from the service provider, that provide for: Delivering to service recipients the following information and material, in written form, without recommendation: Information materials provided by the state on the right to make mental health […]
§ 33-7-101. Examination of Patients
Any person with mental illness hospitalized under this chapter or held in a forensic services unit shall be examined as often as practicable but not less often than every three (3) months.
§ 33-6-1007. Declaration Superior to Powers of Conservator
If a conservator is appointed with powers over the person for mental health treatment, the declaration for mental health treatment shall remain in effect and shall be superior to the powers and duties of the conservator with respect to mental health treatment covered under the declaration.