Utah Code § 26B-5-333

Current through the 2024 Fourth Special Session
Section 26B-5-333 - Circumstances under which conditions justifying initial involuntary commitment shall be considered to continue to exist
(1) When an individual is involuntarily committed to the custody of a local mental health authority under Subsection 26B-5-332(16), the conditions justifying commitment under that Subsection shall be considered to continue to exist for purposes of continued treatment under Subsection 26B-5-332(17) or conditional release under Section 26B-5-337 if the court finds that:
(a) the patient is still mentally ill;
(b) there is no appropriate less restrictive alternative to a court order of involuntary commitment; and
(c) absent an order of involuntary commitment, the patient will likely pose a substantial danger to self or others.
(2) When an individual has been ordered to assisted outpatient treatment under Subsection 26B-5-351(14), the individual may be involuntarily committed to the custody of a local mental health authority under Subsection 26B-5-332(16) for purposes of continued treatment under Subsection 26B-5-332(17) or conditional release under Section 26B-5-337, if the court finds that:
(a) the patient is still mentally ill;
(b) there is no appropriate less-restrictive alternative to a court order of involuntary commitment; and
(c) based upon the patient's conduct and statements during the preceding six months, or the patient's failure to comply with treatment recommendations during the preceding six months, the court finds that absent an order of involuntary commitment, the patient is likely to pose a substantial danger to self or others.
(3) A patient whose treatment is continued or who is conditionally released under the terms of this section shall be maintained in the least restrictive environment available that can provide the patient with treatment that is adequate and appropriate.

Utah Code § 26B-5-333

Renumbered from § 62A-15-632 and amended by Chapter 308, 2023 General Session ,§ 60, eff. 5/3/2023.
Repealed and reenacted by Chapter 122, 2021 General Session ,§ 4, eff. 5/5/2021.
Amended by Chapter 419, 2019 General Session ,§ 5, eff. 5/14/2019.
Amended by Chapter 322, 2018 General Session ,§ 10, eff. 5/8/2018.
Amended by Chapter 366, 2011, 2011 General Session.