The proposed bill would amend current statutes by introducing a new section, 36-540.03, which establishes a framework for court-ordered intensive treatment services for individuals identified as seriously mentally ill and chronically resistant to treatment. This new language (...) allows courts to issue orders for intensive treatment only when there is clear and convincing evidence of the patient's condition, an identified funding source, and a detailed treatment plan approved by both the court and the medical director of the treatment agency. The bill also clarifies the criteria for chronic resistance to treatment, requiring evidence of noncompliance over the past twenty-four months and the resulting harm. Furthermore, the bill mandates that the court inform patients about the enforceability of the treatment plan and the consequences of noncompliance, including potential inpatient treatment. It allows for periodic compliance hearings and requires the medical director to report on patient compliance. Importantly, it specifies that patients cannot be compelled to consent to treatment if their mental disorder affects their decision-making capacity. The current law (...) regarding general treatment orders would remain unchanged, while these new provisions would enhance the accountability and structure of intensive treatment services.

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