Sec. 2202. DEFINITIONS
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/statute-compilations/comps-1696/sec-2202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 2202 DEFINITIONS **[**[34 U.S.C. 10472](/us/usc/t34/s10472)**]** In this part— ####
(1)the term “**mental illness**” means a diagnosable mental, behavioral, or emotional disorder— #####
(A)of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and #####
(B)that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities; ####
(2)the term “**preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders**” means a person who— #####
(A)######
(i)previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or ######
(ii)manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and #####
(B)is deemed eligible by designated judges; ####
(3)the term “**court-ordered assisted outpatient treatment**” means a program through which a court may order a treatment plan for an eligible patient that— #####
(A)requires such patient to obtain outpatient mental health treatment while the patient is not currently residing in a correctional facility or inpatient treatment facility; and #####
(B)is designed to improve access and adherence by such patient to intensive behavioral health services in order to— ######
(i)avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and ######
(ii)provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization; and ####
(4)the term “**eligible patient**” means an adult, mentally ill person who, as determined by a court— #####
(A)has a history of violence, incarceration, or medically unnecessary hospitalizations; #####
(B)without supervision and treatment, may be a danger to self or others in the community; #####
(C)is substantially unlikely to voluntarily participate in treatment; #####
(D)may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety; #####
(E)has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; or #####
(F)due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.
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U.S. Code