Defendants accused of misdemeanors or nonviolent felonies found incompetent or not guilty by reason of insanity may be placed on outpatient status if the defendant is deemed no longer a threat to himself or society. The community program director shall evaluate the defendant and submit a report of such and a treatment plan to the court.
Defendants accused of enumerated serious crimes and found incompetent or not guilty by reason of insanity may be placed on outpatient status if the defendant is deemed no longer a threat to himself or society. The community program director shall evaluate the defendant and submit a report and a treatment plan to the court.
When the court receives a recommendation for outpatient status from the director of a treatment facility, the court shall send the recommendation to the community program director, the prosecutor, and the defense counsel. The community program director shall submit a recommendation regarding the defendant's eligibility for outpatient status and a recommended treatment plan to the court and to the director of the treatment facility. The court shall send copies of the report to the prosecutor and the defense counsel.
The Department of Mental Health is responsible for the supervision of persons place on outpatient status and shall designate a community program director to administer the treatment programs and to serve as the outpatient treatment supervisor or designate one. The outpatient treatment supervisor shall submit periodic reports of the defendant's progress to the court, prosecutor, defense counsel, and to the community program director.
After the defendant has been on outpatient status for one year, the court shall determine whether to discharge the person, confine the person, or renew outpatient status. Before the hearing, the community program director shall submit a report and recommendation to the director of the state hospital and to the court. The court shall make the report and recommendation available to the prosecutor and defense counsel. After making a determination, the court shall send a copy of the order to the community program director.
If the outpatient supervisor believes the person has regained mental competence to stand trial, is no longer insane, or is no longer a mentally disordered sex offender, the community program director shall submit his opinion to the medical director of the treatment facility and to the court.
If the outpatient treatment supervisor believes that a person needs extended inpatient treatment or refuses outpatient treatment, the community program director shall submit a written request for revocation of outpatient status to the court. The court shall hold a hearing to approve or deny the request.
If the prosecutor believes that a person on outpatient treatment or placed on the local mental health program is a danger to others in such placement, the prosecutor may petition the court for a hearing regarding the placement. If the court determines that the person is a danger to others, the court shall order the person to be confined to a treatment facility.
If the community program director believes that a person on outpatient status will be a danger to himself or others if confinement is delayed pending the outcome of a revocation hearing, the person may be confined to a facility. If the person is confined in a jail, the community medical director shall apply with the court to confine the person pending the hearing. The application shall specify the behavior or reason justifying confinement in jail and the factual basis for finding that confinement in jail was necessary. The court shall provide copies to the prosecutor and defense counsel.
The contracted research agency shall determine the prevalence of severe mental disorder among state prison inmates and parolees. The agency shall evaluate the services provided for severe mental disorders and their effectiveness in preventing recidivism.
