The proposed bill would update current statutes by introducing a new section, 36-540.03, which allows courts to issue orders for intensive treatment services for individuals identified as seriously mentally ill and chronically resistant to treatment. This new provision would require a written treatment plan approved by the court and prepared by qualified staff, and it would be contingent on the availability of identified funding sources. The bill also establishes criteria for determining chronic resistance to treatment, which includes evidence of a patient's unwillingness or inability to adhere to treatment over the past twenty-four months, excluding periods of hospitalization or incarceration.

In addition to these provisions, the bill mandates compliance hearings and requires the medical director of the treatment agency to report on patient progress and instances of noncompliance every sixty days. It clarifies that patients are not required to consent to intensive treatment if their mental disorder significantly impairs their decision-making capacity. The definition of "intensive treatment services" is expanded to encompass specific components such as assignment to a treatment team, residential placement, and necessary transportation for treatment compliance. Overall, these updates aim to improve the effectiveness and oversight of mental health treatment orders while ensuring they are financially sustainable.

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