The proposed bill would update current statutes by adding a new section, 36-540.03, which allows courts to issue orders for intensive treatment services for individuals who are seriously mentally ill and chronically resistant to treatment. This new provision would be inserted into the existing legal framework, which currently focuses on treatment for individuals deemed a danger to themselves or others, but does not specifically address intensive treatment options. The bill ensures that such orders can only be made when there is clear and convincing evidence of chronic resistance to treatment and that they are financially feasible by requiring an identified funding source.

Furthermore, the bill introduces procedural requirements for these intensive treatment orders, including the necessity of a written treatment plan approved by the court and prepared by qualified staff. It mandates regular progress reports from the medical director of the treatment agency and compliance hearings to monitor adherence to the treatment plan. The bill also clarifies that patients cannot be forced to consent to treatment if their mental disorder significantly impairs their decision-making capacity, and it defines "intensive treatment services" along with the necessary components of the treatment plan, such as the assignment of a treatment team and residential placement.

Statutes affected:
Introduced Version: 36-540.03
House Engrossed Version: 36-540.03