As of October 1, 2023, this bill requires the applicable court or chief officer of a mental health facility ("chief officer") that orders the release of a person from the mental health facility to notify the law enforcement agency that transported the person to the mental health facility of the person's release as described below.
NOTICE OF RELEASE OR TRANSFER PRIOR TO PROBABLE CAUSE HEARING
Present law provides that, if the defendant is released or transferred due to no longer meeting standards for admission for inpatient treatment before the probable cause hearing, then the chief officer must notify the court that ordered the defendant's emergency diagnosis, evaluation, and treatment. This bill also requires the chief officer to notify, if applicable, the law enforcement agency that transported the person of the release.
NOTICE OF RELEASE IF PROBABLE CAUSE FINDINGS NOT MADE BY COURT
Present law requires the court to order the release of a person from the hospital or treatment resource and terminate proceedings under law, if the court does not find both that there is probable cause to believe that (1) the person is subject to involuntary care and treatment under judicial commitment; and (2) that, if involuntary treatment is not continued, then the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person would be again admissible.
This bill adds that, if the court orders the person's release as provided above, then the court must notify the law enforcement agency that transported the person of the release.
NOTICE OF RELEASE IF CHIEF OFFICER DETERMINES CERTIFICATES NOT SUPPORTED
Present law provides that, if the chief officer determines that the person's condition does not support the filing of certificates of need, then the chief officer must release the person. The chief officer must generally release the person five days from the date of the general sessions court's original order to hold the person, unless the general sessions court has ordered the person 's further care and treatment under law or the person has been committed under law. The chief officer must also release the person no later than 15 days after the probable cause hearing unless a complaint for commitment is filed within the 15-day period.
This bill adds that, if the chief officer releases the person as provided above, then the chief officer must notify the law enforcement agency that transported the person of the release.
NOTICE OF RELEASE TO THE COMMITTING COURT
Present law provides that, if, after considering the reports of the physicians and other relevant information, the chief officer determines that the person is eligible for discharge and that the discharge is not subject to judicial review, then the chief officer must order the immediate release of the person and notify the committing court. This bill also requires the chief officer to notify, if applicable, the law enforcement agency that transported the person of the release.
Present law also provides that when the chief officer determines that the person is otherwise eligible under law for discharge, the chief officer must notify the committing court of that conclusion, of the basis for it, and, if discharge is due to a release from hospitalization subject to outpatient treatment, of the outpatient treatment plan approved by the releasing facility and the qualified mental health professional for the person. The clerk must then send a copy of that complete notice and plan to the person's counsel and to the district attorney general for the jurisdiction in which the committing court is located. This bill also requires the clerk to send, if applicable, the notice and plan to the law enforcement agency that transported the person.

Statutes affected:
Introduced: 33-6-417, 33-6-423, 33-6-424, 33-6-703, 33-6-708(c), 33-6-708