Note
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221, §24.
Cross References
Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.
§334-127 Disposition. [Repeal and reenactment on July 1, 2020. L 2013, c 221, §24.] (a) If after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the subject of the petition does not meet the criteria for assisted community treatment, the family court shall dismiss the petition.
(b) If after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the criteria for assisted community treatment under section 334-121(1) [have] been met beyond a reasonable doubt and that the criteria under [section] 334-121(2) to 334-121(7) have been met by clear and convincing evidence, the family court shall order the subject to obtain assisted community treatment for a period of not more than one hundred eighty days. The written treatment plan submitted pursuant to section 334-126(h) shall be attached to the order and made a part of the order.
If the family court finds by clear and convincing evidence that the beneficial mental and physical effects of recommended medication outweigh the detrimental mental and physical effects, if any, the order may authorize types or classes of medication to be included in treatment at the discretion of the treating psychiatrist.
The court order shall also state who should receive notice of intent to discharge early in the event that the treating psychiatrist determines, prior to the end of the court ordered period of treatment, that the subject should be discharged early from assisted community treatment.
(c) The family court shall also designate on the order the treating psychiatrist who is to be responsible for the management and supervision of the subject's treatment, or shall assign an administrator of a designated mental health program to, in turn, designate the treating psychiatrist during the treatment period without court approval, and may designate either a publicly employed psychiatrist, or a private psychiatrist, provided that the private psychiatrist shall agree to the designation. The order for assisted community treatment shall be subject to the Health Care Privacy Harmonization Act, [chapter 323B].
(d) Nothing in this section shall preclude the subject's stipulation to the continuance [of] an existing court order. [L 1984, c 251, pt of §1; am L 2013, c 221, §13]
Section: Previous 334-106 334-121 334-122 334-123 334-124 334-125 334-126 334-127 334-128 334-129 334-130 334-131 334-132 334-133 334-134 NextLast modified: October 27, 2016