Section 632.375

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

Effective - 28 Aug 2023, 2 histories   

  632.375.  Patient to be evaluated, when — report to certain persons — court may consider continuation of detention. — 1.  At least once every one hundred eighty days, the head of each mental health program shall have each respondent who is detained at the program for a one-year period under this chapter examined and evaluated to determine if the respondent continues to be mentally ill, and as a result presents a likelihood of serious harm to himself or herself or others.  The court, the respondent, and the respondent's attorney shall be provided copies of the report of the examination and evaluation described by this section and the respondent's individualized treatment plan.

  2.  Upon receipt of the report, the court may, upon its own motion, or shall, upon the motion of the respondent, order a hearing to be held as to the need for continued detention and involuntary treatment.  At the conclusion of the hearing, the court may order:

  (1)  The discharge of the respondent; or

  (2)  An appropriate least restrictive course of detention and involuntary treatment; or

  (3)  The respondent to be remanded to the mental health program for the unexpired portion of the original commitment order.

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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2023 S.B. 106)