36-541. Mandatory local treatment
A. A patient who is ordered by a court to undergo treatment, if not hospitalized in
the state hospital at the time of the order, shall undergo treatment for at least
twenty-five days in a local mental health treatment agency geographically convenient for
the patient before being hospitalized in the state hospital. This section shall not
apply if the court finds, at a hearing on court-ordered treatment, that the patient's
present condition and history demonstrate that the patient will not benefit from the
required period of treatment in a local mental health treatment agency or that the state
hospital provides a program which is specific to the needs of the patient and is
unavailable in the local mental health treatment agency, or when there is no local mental
health treatment agency readily available to the patient. Such a finding shall be based
at least upon the annual written description by the state hospital of programs and
services available and appropriate written reports from the medical director of the local
mental health treatment agency. The patient may be immediately hospitalized at the state
hospital whenever the court determines that this section does not apply.
B. A patient who is ordered by a court to undergo treatment based on a
determination that he is persistently or acutely disabled shall be treated for at least
twenty-five days solely in or by a local mental health treatment agency geographically
convenient for the patient unless he is accepted by the superintendent of the state
hospital for treatment at the state hospital.
|