The proposed bill would update current statutes related to the judicial review process for individuals receiving court-ordered mental health treatment. It introduces new provisions allowing patients or their representatives to request a review of the necessity for continued treatment, with specific requirements for submission, including a prescribed form and a timeline for the medical director to deliver the request and a current psychiatric report to the court within seven business days. The bill also removes the existing process for requesting a patient's release from court-ordered treatment, streamlining the review process while ensuring patients' rights are upheld. Additionally, the bill enhances patient rights by ensuring they are informed of their right to consult with an attorney at the time of the request and requiring the court to appoint an attorney if the patient is unrepresented. It establishes that requests for judicial review cannot be made sooner than sixty days after the original order and mandates that the court must review the request within five judicial days, with hearings held within 15 calendar days. The act emphasizes the burden of proof on the mental health treatment agency to demonstrate the necessity of continued treatment and clarifies the notification process for guardians and attorneys regarding the placement of wards. The changes are set to take effect on December 31, 2026.

Statutes affected:
Introduced Version: 14-5312.01, 36-546, 36-537, 14-5303, 14-5315
House Engrossed Version: 14-5312.01, 36-546, 36-537, 14-5303, 14-5315
Senate Engrossed Version: 14-5312.01, 36-546, 36-537, 14-5303, 14-5315