LD 1968
pg. 209
Page 208 of 217 PUBLIC Law Chapter 519 Page 210 of 217
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LR 3074
Item 1

 
(2)__The procedures for commitment under section 3864
apply, except that an order of admission to the
progressive treatment program requires the following:

 
(a) A finding that the person meets the criteria
of paragraph B;

 
(b) A finding that an assertive community
treatment team is available to provide treatment
and care for the person; and

 
(c) A provision in the order that requires the
person to return to the state mental health
institute pursuant to subsection 5 in the event of
failure to fully participate and deterioration of
the person's mental health so that hospitalization
is in the person's best interest and the person
poses a likelihood of serious harm as defined in
section 3801, subsection 4, paragraph D.

 
B.__The person must:

 
(1)__Be 21 years of age or older;

 
(2)__Have been clinically determined to be suffering
from a severe and persistent mental illness;

 
(3)__Have been under an order of involuntary commitment
to a state mental health institute at the time of
filing of the application for progressive treatment;
and

 
(4) Have been clinically determined to be in need of
the progressive treatment program in order to prevent
interruptions in treatment, relapse and deterioration
of mental health and to enable the person to survive
safely in a community setting in the reasonably
foreseeable future without posing a likelihood of
serious harm as defined in section 3801, subsection 4,
paragraph D.__A determination under this subparagraph
must be based on current behavior, treatment history,
documented history of positive responses to treatment
while hospitalized, relapse and deterioration of mental
health after discharge and inability to make informed
decisions regarding treatment.

 
3.__Duration of participation.__Except as provided in
subsections 4 and 5, participation in the progressive treatment
program must be for a term of 6 months.__Participation ends if a
person successfully completes the program in accordance with
subsection 4 or is hospitalized pursuant to a court order entered


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