After subsequent hearings: a. The Court may order after second
hearing:
1) Hospitalization for 90 days.
2) Combined hospitalization and alternative treatment for a period of not more
than one year with hospitalization portion not to exceed 90 days.
3) Alternative treatment for a period of not more than one year.
4) Release from hospital.
b. The court may order after third hearing:
1) Hospitalization for not more than one year.
2) Combined hospitalization and alternative treatment for a period of not more
than one year with hospitalization portion not to exceed 90 days.
3) Alternative treatment for a period of not more than one year.
4) Release from hospital.
c. During the period of an order for combined hospitalization and
alternative treatment for not more than one year, hospitalization may be used
as clinically appropriate for a total of not more than 90 days.
1) Must be ordered by a psychiatrist.
2) The decision to hospitalize the individual or to return the individual to
the alternative treatment program is made by director of alternative treatment
program.
3) Court becomes involved only if patient refuses to comply with alternative
order.
d. During either the one year alternative order of one year combined
order, the patient has a six month periodic review. Patient may object to
results of such review thereby triggering a hearing.
e. During either the one year alternative order or one year combined
order the Court may act summarily when notified of non-compliance or
insufficiency of an alternative. It may:
1) Order a transfer to another alternative treatment program.
2) Order a transfer to a hospital or facility for not more than the remainder
of the 90 days of hospitalization or the remainder of the order, whichever is
shorter.
a) The decision to release from the hospital to the alternative treatment is
made by hospital director unless patient is a resident of a county having a
full management mental health board in which case the decision is made by the
community mental health board director.
b) Appeal of a decision may be made to Department of Mental Health director in
case of disagreement between hospital and Community Mental Health director.
Department of Mental Health director's decision may be appealed to Probate
Court on information provided by both parties. No hearing seems to be required
for such an appeal.
c) If re-hospitalized for more than 10 days, the patient may object to
hospitalization and require hearing.
d) Petitions must be filed not less than 14 days before the expiration of an
order.
c. Periodic Reviews:
