Section 632 – Circumstances under which conditions justifying initial involuntary commitment shall be considered to continue to exist.

• (1) When an individual is involuntarily committed to the custody of a local mental health authority under Subsection 62A-15-631(16), the conditions justifying commitment under that Subsection shall be considered to continue to exist for purposes of continued treatment under Subsection 62A-15-631(17) or conditional release under Section 62A-15-637 if the court finds that:
  • (a) the patient is still mentally ill;
  • (b) there is no appropriate less restrictive alternative to a court order of involuntary commitment; and
  • (c) absent an order of involuntary commitment, the patient will likely pose a substantial danger to self or others.

• (2) When an individual has been ordered to assisted outpatient treatment under Subsection 62A-15-630.5(14), the individual may be involuntarily committed to the custody of a local mental health authority under Subsection 62A-15-631(16) for purposes of continued treatment under Subsection 62A-15-631(17) or conditional release under Section 62A-15-637, if the court finds that:
  • (a) the patient is still mentally ill;
  • (b) there is no appropriate less-restrictive alternative to a court order of involuntary commitment; and
  • (c) based upon the patient’s conduct and statements during the preceding six months, or the patient’s failure to comply with treatment recommendations during the preceding six months, the court finds that absent an order of involuntary commitment, the patient is likely to pose a substantial danger to self or others.

• (3) A patient whose treatment is continued or who is conditionally released under the terms of this section shall be maintained in the least restrictive environment available that can provide the patient with treatment that is adequate and appropriate.

Repealed and Re-enacted by Chapter 122, 2021 General Session