Utah Code 26B-5-333. Circumstances under which conditions justifying initial involuntary commitment shall be considered to continue to exist
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(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:
Terms Used In Utah Code 26B-5-333
- Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
- Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
- Patient: means an individual who is:(20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or(20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
- Substantial danger: means that due to mental illness, an individual is at serious risk of:
(24)(a) suicide;(24)(b) serious bodily self-injury;(24)(c) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter;(24)(d) causing or attempting to cause serious bodily injury to another individual;(24)(e) engaging in harmful sexual conduct; or(24)(f) if not treated, suffering severe and abnormal mental, emotional, or physical distress that:(24)(f)(i) is associated with significant impairment of judgment, reason, or behavior; and(24)(f)(ii) causes a substantial deterioration of the individual's previous ability to function independently. See Utah Code 26B-5-301- Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
(1)(a) the patient is still mentally ill;(1)(b) there is no appropriate less restrictive alternative to a court order of involuntary commitment; and(1)(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:(2)(a) the patient is still mentally ill;(2)(b) there is no appropriate less-restrictive alternative to a court order of involuntary commitment; and(2)(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. - Substantial danger: means that due to mental illness, an individual is at serious risk of: