26B-5-333. Circumstances under which conditions justifying initial involuntary commitment shall be considered to continue to exist.

287 words·~1 min read·/ut/title-26b/chapter-5/26b-5-333

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)When an individual is involuntarily committed to the custody of a local mental health authority under Subsection 26B-5-332(16) , the conditions justifying commitment under that Subsection shall be considered to continue to exist for purposes of continued treatment under Subsection 26B-5-332(17) or conditional release under Section 26B-5-337 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 26B-5-351(14) , the individual may be involuntarily committed to the custody of a local mental health authority under Subsection 26B-5-332(16) for purposes of continued treatment under Subsection 26B-5-332(17) or conditional release under Section 26B-5-337 , 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.

Renumbered and Amended by Chapter 308 , 2023 General Session