For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Behavioral health" means the promotion of mental health, resilience and wellbeing; the treatment of mental and substance use disorders; and the support of those who experience and/or are in recovery from these conditions, along with their families and communities.(b) "Chemical tests" means the analysis of an individual's: (vii) other bodily substance to determine the presence of alcohol or a controlled substance.(c) "Clinical assessment" means the use of an actuarial assessment tool which evaluates an individual's physical, medical, cognitive, psychological (personality, emotions, beliefs and attitudes), and behavioral history and current conditions in order to determine the presence and severity of any mental health disorder.(d) "Co-occurring disorder" means coexistence of both a mental health and a substance use disorder as defined in the Diagnostic and Statistical Manual (DSM).(e) "Diagnostic and Statistical Manual (DSM)" is the publication by the American Psychiatric Association used by behavioral health professionals for the classification and diagnosing of mental health disorders.(f) "Evidence-based practices" means practices which have been empirically researched and proven to have measurable positive outcomes; have been rigorously tested; have yielded consistent, replicable results; and have proven safe, beneficial and effective for a specific population.(g) "Mental health" means a state of mental or emotional well-being that enables people to cope with the stresses of life, realize their abilities, learn, work well, and contribute to their community.(h) "Mental health disorder" means a syndrome characterized by a clinically significant disturbance in an individual's cognition, emotion regulation or behavior that reflects a dysfunction in the psychological, biological or developmental process underlying mental functioning as defined by the current Diagnostic and Statistical Manual of Mental Disorders as published by the American Psychiatric Association.(i) "Mental Health Treatment program" means a highly structured evidence-based program for mental and behavioral health treatment of defendants that: (i) Brings together mental health professionals, local social programs and intensive judicial monitoring;(ii) Follows the key components of the mental health treatment court curriculum published by the Bureau of Justice Assistance; and(iii) Utilizes supervision, policies, procedures and practices that scientific research demonstrates reduces recidivism.(j) "Risk and needs assessment" means an actuarial evaluation tool to guide decision making at various points across the criminal justice continuum by approximating an individual's likelihood of reoffending and determining what individual criminogenic needs must be addressed to reduce that likelihood. Criminogenic risk and needs assessment tools consist of questions that are designed to ascertain someone's history of criminal behavior, attitudes and personality, and life circumstances.(k) "Risk and needs screening" means the use of a brief actuarial tool that is used to determine a defendant's eligibility of a mental health treatment court by measuring the criminogenic risk and needs, identifying risk and protective factors, supports development of case management plan goals and determines the need of a full risk and needs assessment.(l) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems such as impaired control, social impairment, risky behaviors, and pharmacological tolerance and withdrawal.Amended by Laws, 2023, ch. 356, HB 1218,§ 3, eff. 7/1/2023.Added by Laws, 2017, ch. 416, HB 1089, 3, eff. 4/11/2017.