Senator Todd D. Weiler proposes the following substitute bill:


1     
MODIFICATIONS TO CIVIL COMMITMENT

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill addresses civil commitment.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the definition of "substantial danger" for purposes of civil commitment;
13          ▸     clarifies that certain processes for release of a patient from voluntary civil
14     commitment apply to adult patients;
15          ▸     subject to certain requirements, extends the maximum period for adult temporary
16     civil commitment;
17          ▸     requires a local mental health authority to inform an adult who is temporarily civilly
18     committed of the reason for commitment;
19          ▸     describes certain rights of an adult who is temporarily civilly committed;
20          ▸     requires a court to order an applicant to consult with the appropriate local mental
21     health authority before the court issues an order of civil commitment;
22          ▸     clarifies that a party may be transferred or substituted in accordance with the Utah
23     Rules of Civil Procedure if a civil commitment case is transferred to another court;
24          ▸     subject to certain requirements, allows a designated examiner to conduct an
25     evaluation of an individual for civil commitment through telehealth;
26          ▸     provides that at a hearing for civil commitment, the court may order assisted
27     outpatient treatment if the individual does not meet the conditions for civil
28     commitment;
29          ▸     requires a court to dismiss commitment proceedings if the individual does not meet
30     the conditions for civil commitment or assisted outpatient treatment; and
31          ▸     makes technical and conforming changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          62A-15-602, as last amended by Laws of Utah 2021, Chapter 122
39          62A-15-627, as last amended by Laws of Utah 2018, Chapter 322
40          62A-15-629, as last amended by Laws of Utah 2020, Chapter 225
41          62A-15-631, as last amended by Laws of Utah 2021, Chapter 122
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 62A-15-602 is amended to read:
45          62A-15-602. Definitions.
46          As used in this part, Part 7, Commitment of Persons Under Age 18 to Division of
47     Substance Abuse and Mental Health, Part 8, Interstate Compact on Mental Health, Part 9, Utah
48     Forensic Mental Health Facility, Part 10, Declaration for Mental Health Treatment, and Part
49     12, Essential Treatment and Intervention Act:
50          (1) "Adult" means an individual 18 years [of age] old or older.
51          (2) "Approved treatment facility or program" means a treatment provider that meets the
52     standards described in Subsection 62A-15-103(2)(a)(v).
53          (3) "Assisted outpatient treatment" means involuntary outpatient mental health
54     treatment ordered under Section 62A-15-630.5.
55          (4) "Commitment to the custody of a local mental health authority" means that an adult
56     is committed to the custody of the local mental health authority that governs the mental health
57     catchment area where the adult resides or is found.
58          (5) "Community mental health center" means an entity that provides treatment and
59     services to a resident of a designated geographical area, that operates by or under contract with
60     a local mental health authority, and that complies with state standards for community mental
61     health centers.
62          (6) "Designated examiner" means:
63          (a) a licensed physician, preferably a psychiatrist, who is designated by the division as
64     specially qualified by training or experience in the diagnosis of mental or related illness; or
65          (b) a licensed mental health professional designated by the division as specially
66     qualified by training and who has at least five years' continual experience in the treatment of
67     mental illness.
68          (7) "Designee" means a physician who has responsibility for medical functions
69     including admission and discharge, an employee of a local mental health authority, or an
70     employee of a person that has contracted with a local mental health authority to provide mental
71     health services under Section 17-43-304.
72          (8) "Essential treatment" and "essential treatment and intervention" mean court-ordered
73     treatment at a local substance abuse authority or an approved treatment facility or program for
74     the treatment of an adult's substance use disorder.
75          (9) "Harmful sexual conduct" means the following conduct upon an individual without
76     the individual's consent, including the nonconsensual circumstances described in Subsections
77     76-5-406(2)(a) through (l):
78          (a) sexual intercourse;
79          (b) penetration, however slight, of the genital or anal opening of the individual;
80          (c) any sexual act involving the genitals or anus of the actor or the individual and the
81     mouth or anus of either individual, regardless of the gender of either participant; or
82          (d) any sexual act causing substantial emotional injury or bodily pain.
83          (10) "Informed waiver" means the patient was informed of a right and, after being
84     informed of that right and the patient's right to waive the right, expressly communicated his or
85     her intention to waive that right.
86          (11) "Institution" means a hospital or a health facility licensed under Section 26-21-8.
87          (12) "Local substance abuse authority" means the same as that term is defined in
88     Section 62A-15-102 and described in Section 17-43-201.
89          (13) "Mental health facility" means the Utah State Hospital or other facility that
90     provides mental health services under contract with the division, a local mental health
91     authority, a person that contracts with a local mental health authority, or a person that provides
92     acute inpatient psychiatric services to a patient.
93          (14) "Mental health officer" means an individual who is designated by a local mental
94     health authority as qualified by training and experience in the recognition and identification of
95     mental illness, to:
96          (a) apply for and provide certification for a temporary commitment; or
97          (b) assist in the arrangement of transportation to a designated mental health facility.
98          (15) "Mental illness" means:
99          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
100     behavioral, or related functioning; or
101          (b) the same as that term is defined in:
102          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
103     published by the American Psychiatric Association; or
104          (ii) the current edition of the International Statistical Classification of Diseases and
105     Related Health Problems.
106          (16) "Patient" means an individual who is:
107          (a) under commitment to the custody or to the treatment services of a local mental
108     health authority; or
109          (b) undergoing essential treatment and intervention.
110          (17) "Physician" means an individual who is:
111          (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
112          (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
113     Practice Act.
114          (18) "Serious bodily injury" means bodily injury that involves a substantial risk of
115     death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
116     protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
117          (19) "Substantial danger" means that due to mental illness, an individual is at serious
118     risk of:
119          (a) suicide;
120          (b) serious bodily self-injury;
121          (c) serious bodily injury because the individual is incapable of providing the basic
122     necessities of life, including food, clothing, or shelter;
123          (d) causing or attempting to cause serious bodily injury to another individual; [or]
124          (e) engaging in harmful sexual conduct[.]; or
125          (f) if not treated, suffering severe and abnormal mental, emotional, or physical distress
126     that:
127          (i) is associated with significant impairment of judgment, reason, or behavior; and
128          (ii) causes a substantial deterioration of the individual's previous ability to function
129     independently.
130          (20) "Treatment" means psychotherapy, medication, including the administration of
131     psychotropic medication, or other medical treatments that are generally accepted medical or
132     psychosocial interventions for the purpose of restoring the patient to an optimal level of
133     functioning in the least restrictive environment.
134          Section 2. Section 62A-15-627 is amended to read:
135          62A-15-627. Release of voluntary adult -- Exceptions.
136          (1) [A] Except as provided in Subsection (2), a mental health facility shall immediately
137     release an adult patient:
138          (a) who is voluntarily admitted, as described in Section 62A-15-625, and who requests
139     release, verbally or in writing[,]; or
140          (b) whose release is requested in writing by the patient's legal guardian, parent, spouse,
141     or adult next of kin[, shall be immediately released except that:].
142          (2) (a) An adult patient's release under Subsection (1) may be conditioned upon the
143     agreement of the patient, if:
144          (i) the request for release is made by an individual other than the patient; or
145          [(b)] (ii) [if] the admitting local mental health authority, [a] the designee of the local
146     mental health authority, or [a] the admitting mental health facility has cause to believe that
147     release of the patient would be unsafe for the patient or others[,].
148          (b) (i) An adult patient's release [of that patient] may be postponed for up to 48 hours,
149     excluding weekends and holidays, [provided that] if the admitting local mental health
150     authority, the designee of the local mental health authority, or the admitting mental health
151     facility [shall cause to be instituted] causes involuntary commitment proceedings to be
152     commenced with the district court within the specified time period.
153          [(2)] (ii) The admitting local mental health authority, the designee of the local mental
154     health authority, or the admitting mental health facility shall provide written notice of the
155     postponement and the reasons for the postponement to the patient without undue delay.
156          (3) [No judicial proceedings] A judicial proceeding for involuntary commitment may
157     not be commenced with respect to a voluntary patient unless the patient [has requested]
158     requests release.
159          Section 3. Section 62A-15-629 is amended to read:
160          62A-15-629. Temporary commitment -- Requirements and procedures -- Rights.
161          (1) An adult shall be temporarily, involuntarily committed to a local mental health
162     authority upon:
163          (a) a written application that:
164          (i) is completed by a responsible individual who has reason to know, stating a belief
165     that the adult, due to mental illness, is likely to pose substantial danger to self or others if not
166     restrained and stating the personal knowledge of the adult's condition or circumstances that
167     lead to the individual's belief; and
168          (ii) includes a certification by a licensed physician or designated examiner stating that
169     the physician or designated examiner has examined the adult within a three-day period
170     immediately preceding [that] the certification, and that the physician or designated examiner is
171     of the opinion that, due to mental illness, the adult poses a substantial danger to self or others;
172     or
173          (b) a peace officer or a mental health officer:
174          (i) observing an adult's conduct that gives the peace officer or mental health officer
175     probable cause to believe that:
176          (A) the adult has a mental illness; and
177          (B) because of the adult's mental illness and conduct, the adult poses a substantial
178     danger to self or others; and
179          (ii) completing a temporary commitment application that:
180          (A) is on a form prescribed by the division;
181          (B) states the peace officer's or mental health officer's belief that the adult poses a
182     substantial danger to self or others;
183          (C) states the specific nature of the danger;
184          (D) provides a summary of the observations upon which the statement of danger is
185     based; and
186          (E) provides a statement of the facts that called the adult to the peace officer's or
187     mental health officer's attention.
188          (2) If at any time a patient committed under this section no longer meets the
189     commitment criteria described in Subsection (1), the local mental health authority or the local
190     mental health authority's designee shall document the change and release the patient.
191          (3) (a) A patient committed under this section may be held for a maximum of 24 hours
192     after commitment, excluding Saturdays, Sundays, and legal holidays, unless:
193          [(a)] (i) as described in Section 62A-15-631, an application for involuntary
194     commitment is commenced, which may be accompanied by an order of detention described in
195     Subsection 62A-15-631(4); [or]
196          [(b)] (ii) the patient makes a voluntary application for admission[.]; or
197          (iii) before expiration of the 24 hour period, a licensed physician, licensed physician
198     assistant, licensed nurse practitioner, or designated examiner examines the patient and certifies
199     in writing that:
200          (A) the patient, due to mental illness, poses a substantial danger to self or others;
201          (B) additional time is necessary for evaluation and treatment of the patient's mental
202     illness; and
203          (C) there is no appropriate less-restrictive alternative to commitment to evaluate and
204     treat the patient's mental illness.
205          (b) A patient described in Subsection (3)(a)(iii) may be held for a maximum of 48
206     hours after the 24 hour period described in Subsection (3)(a) expires, excluding Saturdays,
207     Sundays, and legal holidays.
208          (c) Subsection (3)(a)(iii) applies to an adult patient.
209          (4) Upon a written application described in Subsection (1)(a) or the observation and
210     belief described in Subsection (1)(b)(i), the adult shall be:
211          (a) taken into a peace officer's protective custody, by reasonable means, if necessary for
212     public safety; and
213          (b) transported for temporary commitment to a facility designated by the local mental
214     health authority, by means of:
215          (i) an ambulance, if the adult meets any of the criteria described in Section 26-8a-305;
216          (ii) an ambulance, if a peace officer is not necessary for public safety, and
217     transportation arrangements are made by a physician, designated examiner, or mental health
218     officer;
219          (iii) the city, town, or municipal law enforcement authority with jurisdiction over the
220     location where the [individual to be committed] adult is present, if the [individual] adult is not
221     transported by ambulance;
222          (iv) the county sheriff, if the designated facility is outside of the jurisdiction of the law
223     enforcement authority described in Subsection (4)(b)(iii) and the [individual] adult is not
224     transported by ambulance; or
225          (v) nonemergency secured behavioral health transport as that term is defined in Section
226     26-8a-102.
227          (5) Notwithstanding Subsection (4):
228          (a) an individual shall be transported by ambulance to an appropriate medical facility
229     for treatment if the individual requires physical medical attention;
230          (b) if an officer has probable cause to believe, based on the officer's experience and
231     de-escalation training that taking an individual into protective custody or transporting an
232     individual for temporary commitment would increase the risk of substantial danger to the
233     individual or others, a peace officer may exercise discretion to not take the individual into
234     custody or transport the individual, as permitted by policies and procedures established by the
235     officer's law enforcement agency and any applicable federal or state statute, or case law; and
236          (c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
237     into protective custody or transport an individual, the officer shall document in the officer's
238     report the details and circumstances that led to the officer's decision.
239          (6) (a) The local mental health authority shall inform an adult patient committed under
240     this section of the reason for commitment.
241          (b) An adult patient committed under this section has the right to:
242          (i) within three hours after arrival at the local mental health authority, make a
243     telephone call, at the expense of the local mental health authority, to an individual of the
244     patient's choice; and
245          (ii) see and communicate with an attorney.
246          [(6)] (7) (a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this
247     section.
248          (b) This section does not create a special duty of care.
249          Section 4. Section 62A-15-631 is amended to read:
250          62A-15-631. Involuntary commitment under court order -- Examination --
251     Hearing -- Power of court -- Findings required -- Costs.
252          (1) A responsible individual who has credible knowledge of an adult's mental illness
253     and the condition or circumstances that have led to the adult's need to be involuntarily
254     committed may initiate an involuntary commitment court proceeding by filing, in the district
255     court in the county where the proposed patient resides or is found, a written application that
256     includes:
257          (a) unless the court finds that the information is not reasonably available, the proposed
258     patient's:
259          (i) name;
260          (ii) date of birth; and
261          (iii) social security number;
262          (b) (i) a certificate of a licensed physician or a designated examiner stating that within
263     the seven-day period immediately preceding the certification, the physician or designated
264     examiner examined the proposed patient and is of the opinion that the proposed patient has a
265     mental illness and should be involuntarily committed; or
266          (ii) a written statement by the applicant that:
267          (A) the proposed patient has been requested to, but has refused to, submit to an
268     examination of mental condition by a licensed physician or designated examiner;
269          (B) is sworn to under oath; and
270          (C) states the facts upon which the application is based; and
271          (c) a statement whether the proposed patient has previously been under an assisted
272     outpatient treatment order, if known by the applicant.
273          (2) [(a) Subject to Subsection (2)(b), before] Before issuing a judicial order, the court
274     [may]:
275          (a) shall require the applicant to consult with the appropriate local mental health
276     authority[, and the court] at or before the hearing; and
277          (b) may direct a mental health professional from [that] the local mental health authority
278     to interview the applicant and the proposed patient to determine the existing facts and report
279     [them] the existing facts to the court.
280          [(b) The consultation described in Subsection (2)(a):]
281          [(i) may take place at or before the hearing; and]
282          [(ii) is required if the local mental health authority appears at the hearing.]
283          [(3) If the court finds from the application, from any other statements under oath, or
284     from any reports from a mental health professional that there is a reasonable basis to believe
285     that the proposed patient has a mental illness that poses a substantial danger to self or others
286     requiring involuntary commitment pending examination and hearing; or, if the proposed patient
287     has refused to submit to an interview with a mental health professional as directed by the court
288     or to go to a treatment facility voluntarily, the]
289          (3) The court may issue an order, directed to a mental health officer or peace officer, to
290     immediately place [the] a proposed patient in the custody of a local mental health authority or
291     in a temporary emergency facility, as [provided] described in Section 62A-15-634, to be
292     detained for the purpose of examination[.] if:
293          (a) the court finds from the application, any other statements under oath, or any reports
294     from a mental health professional that there is a reasonable basis to believe that the proposed
295     patient has a mental illness that poses a danger to self or others and requires involuntary
296     commitment pending examination and hearing; or
297          (b) the proposed patient refuses to submit to an interview with a mental health
298     professional as directed by the court or to go to a treatment facility voluntarily.
299          (4) (a) [Notice] The court shall provide notice of commencement of proceedings for
300     involuntary commitment, setting forth the allegations of the application and any reported facts,
301     together with a copy of any official order of detention, [shall be provided by the court] to a
302     proposed patient before, or upon, placement of the proposed patient in the custody of a local
303     mental health authority or, with respect to any proposed patient presently in the custody of a
304     local mental health authority whose status is being changed from voluntary to involuntary,
305     upon the filing of an application for that purpose with the court.
306          (b) [A] The place of detention shall maintain a copy of [that] the order of detention
307     [shall be maintained at the place of detention].
308          (5) (a) [Notice of commencement of those proceedings shall be provided by the] The
309     court shall provide notice of commencement of proceedings for involuntary commitment as
310     soon as practicable to the applicant, any legal guardian, any immediate adult family members,
311     legal counsel for the parties involved, the local mental health authority or [its] the local mental
312     health designee, and any other persons whom the proposed patient or the court [shall designate.
313     That] designates.
314          (b) Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall
315     advise [those] the persons that a hearing may be held within the time provided by law.
316          (c) If the proposed patient [has refused] refuses to permit release of information
317     necessary for provisions of notice under this subsection, the court shall determine the extent of
318     notice [shall be determined by the court].
319          (6) Proceedings for commitment of an individual under [the age of] 18 years old to a
320     local mental health authority may be commenced in accordance with Part 7, Commitment of
321     Persons Under Age 18 to Division of Substance Abuse and Mental Health.
322          (7) (a) The district court may, in [its] the district court's discretion, transfer the case to
323     any other district court within this state, [provided that] if the transfer will not be adverse to the
324     interest of the proposed patient.
325          (b) If a case is transferred under Subsection (7)(a), the parties to the case may be
326     transferred and the local mental health authority may be substituted in accordance with Utah
327     Rules of Civil Procedure, Rule 25.
328          (8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
329     of a judicial order, or after commitment of a proposed patient to a local mental health authority
330     or [its] the local mental health authority's designee under court order for detention or
331     examination, the court shall appoint two designated examiners:
332          (a) who did not sign the civil commitment application nor the civil commitment
333     certification under Subsection (1);
334          (b) one of whom is a licensed physician; and
335          (c) one of whom may be designated by the proposed patient or the proposed patient's
336     counsel, if that designated examiner is reasonably available.
337          (9) The court shall schedule a hearing to be held within 10 calendar days [of] after the
338     day on which the designated examiners are appointed.
339          (10) (a) The designated examiners shall:
340          [(a)] (i) conduct [their] the examinations separately;
341          [(b)] (ii) conduct the examinations at the home of the proposed patient, at a hospital or
342     other medical facility, or at any other suitable place, including through telehealth, that is not
343     likely to have a harmful effect on the proposed patient's health;
344          [(c)] (iii) inform the proposed patient, if not represented by an attorney:
345          [(i)] (A) that the proposed patient does not have to say anything;
346          [(ii)] (B) of the nature and reasons for the examination;
347          [(iii)] (C) that the examination was ordered by the court;
348          [(iv)] (D) that any information volunteered could form part of the basis for the
349     proposed patient's involuntary commitment;
350          [(v)] (E) that findings resulting from the examination will be made available to the
351     court; and
352          [(vi)] (F) that the designated examiner may, under court order, obtain the proposed
353     patient's mental health records; and
354          [(d)] (iv) within 24 hours of examining the proposed patient, report to the court, orally
355     or in writing, whether the proposed patient is mentally ill, has agreed to voluntary commitment,
356     as described in Section 62A-15-625, or has acceptable programs available to the proposed
357     patient without court proceedings.
358          (b) If [the] a designated examiner reports orally under Subsection (10)(a), the
359     designated examiner shall immediately send a written report to the clerk of the court.
360          (11) If a designated examiner is unable to complete an examination on the first attempt
361     because the proposed patient refuses to submit to the examination, the court shall fix a
362     reasonable compensation to be paid to the examiner.
363          (12) If the local mental health authority, [its] the local mental health authority's
364     designee, or a medical examiner determines before the court hearing that the conditions
365     justifying the findings leading to a commitment hearing no longer exist, the local mental health
366     authority, [its] the local mental health authority's designee, or the medical examiner shall
367     immediately report [that] the determination to the court.
368          (13) The court may terminate the proceedings and dismiss the application at any time,
369     including [prior to] before the hearing, if the designated examiners or the local mental health
370     authority or [its] the local mental health authority's designee informs the court that the
371     proposed patient:
372          (a) does not meet the criteria in Subsection (16);
373          (b) has agreed to voluntary commitment, as described in Section 62A-15-625; [or]
374          (c) has acceptable options for treatment programs that are available without court
375     proceedings[.]; or
376          (d) meets the criteria for assisted outpatient treatment described in Section
377     62A-15-630.5.
378          (14) (a) Before the hearing, the court shall provide the proposed patient an opportunity
379     to be represented by counsel [shall be afforded to the proposed patient], and if neither the
380     proposed patient nor others provide counsel, the court shall appoint counsel and allow counsel
381     sufficient time to consult with the proposed patient before the hearing.
382          (b) In the case of an indigent proposed patient, the county in which the proposed
383     patient resides or is found shall make payment of reasonable attorney fees for counsel, as
384     determined by the court[, shall be made by the county in which the proposed patient resides or
385     is found].
386          (15) (a) (i) The court shall afford the proposed patient, the applicant, and [all other
387     persons] any other person to whom notice is required to be given [shall be afforded] an
388     opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses.
389          (ii) The court may, in [its] the court's discretion, receive the testimony of any other
390     person.
391          (iii) The court may allow a waiver of the proposed patient's right to appear for good
392     cause, which cause shall be set forth in the record, or an informed waiver by the patient, which
393     shall be included in the record.
394          (b) The court is authorized to exclude [all persons] any person not necessary for the
395     conduct of the proceedings and may, upon motion of counsel, require the testimony of each
396     designated examiner to be given out of the presence of any other designated examiners.
397          (c) The [hearing shall be conducted] court shall conduct the hearing in as informal a
398     manner as may be consistent with orderly procedure, and in a physical setting that is not likely
399     to have a harmful effect on the mental health of the proposed patient, while preserving the due
400     process rights of the proposed patient.
401          (d) The court shall consider [all] any relevant historical and material information that is
402     offered, subject to the rules of evidence, including reliable hearsay under Rule 1102, Utah
403     Rules of Evidence.
404          (e) (i) A local mental health authority or [its] the local mental health authority's
405     designee or the physician in charge of the proposed patient's care shall, at the time of the
406     hearing, provide the court with the following information:
407          (A) the detention order;
408          (B) admission notes;
409          (C) the diagnosis;
410          (D) any doctors' orders;
411          (E) progress notes;
412          (F) nursing notes;
413          (G) medication records pertaining to the current commitment; and
414          (H) whether the proposed patient has previously been civilly committed or under an
415     order for assisted outpatient treatment.
416          (ii) [That] The information described in Subsection (15)(e)(i) shall also be supplied to
417     the proposed patient's counsel at the time of the hearing, and at any time prior to the hearing
418     upon request.
419          (16) (a) The court shall order commitment of [a] an adult proposed patient [who is 18
420     years of age or older] to a local mental health authority if, upon completion of the hearing and
421     consideration of the information presented, the court finds by clear and convincing evidence
422     that:
423          [(a)] (i) the proposed patient has a mental illness;
424          [(b)] (ii) because of the proposed patient's mental illness the proposed patient poses a
425     substantial danger to self or others;
426          [(c)] (iii) the proposed patient lacks the ability to engage in a rational decision-making
427     process regarding the acceptance of mental treatment as demonstrated by evidence of inability
428     to weigh the possible risks of accepting or rejecting treatment;
429          [(d)] (iv) there is no appropriate less-restrictive alternative to a court order of
430     commitment; and
431          [(e)] (v) the local mental health authority can provide the proposed patient with
432     treatment that is adequate and appropriate to the proposed patient's conditions and needs. [In
433     the absence of the required findings of the court after the hearing, the court shall dismiss the
434     proceedings.]
435          (b) (i) If, at the hearing, the court determines that the proposed patient has a mental
436     illness but does not meet the other criteria described in Subsection (16)(a), the court may
437     consider whether the proposed patient meets the criteria for assisted outpatient treatment under
438     Section 62A-15-630.5.
439          (ii) The court may order the proposed patient to receive assisted outpatient treatment in
440     accordance with Section 62A-15-630.5 if, at the hearing, the court finds the proposed patient
441     meets the criteria for assisted outpatient treatment under Section 62A-15-630.5.
442          (iii) If the court determines that neither the criteria for commitment under Subsection
443     (16)(a), nor the criteria for assisted outpatient treatment under Section 62A-15-630.5 are met,
444     the court shall dismiss the proceedings after the hearing.
445          (17) (a) (i) The order of commitment shall designate the period for which the patient
446     shall be treated.
447          (ii) [When] If the patient is not under an order of commitment at the time of the
448     hearing, [that] the patient's treatment period may not exceed six months without [benefit of] a
449     review hearing.
450          (iii) Upon [such] a review hearing, to be commenced [prior to] before the expiration of
451     the previous order of commitment, an order for commitment may be for an indeterminate
452     period, if the court finds by clear and convincing evidence that the [required conditions] criteria
453     described in Subsection (16) will last for an indeterminate period.
454          (b) (i) The court shall maintain a current list of all patients under [its] the court's order
455     of commitment[. That list shall be reviewed] and review the list to determine those patients
456     who have been under an order of commitment for the court designated period.
457          (ii) At least two weeks [prior to] before the expiration of the designated period of any
458     order of commitment still in effect, the court that entered the original order of commitment
459     shall inform the appropriate local mental health authority or [its] the local mental health
460     authority's designee of the expiration.
461          (iii) [The] Upon receipt of the information described in Subsection (17)(b)(ii), the local
462     mental health authority or [its] the local mental health authority's designee shall immediately
463     reexamine the reasons upon which the order of commitment was based.
464          (iv) If, after reexamination under Subsection (17)(b)(iv), the local mental health
465     authority or [its] the local mental health authority's designee determines that the conditions
466     justifying [that] commitment no longer exist, [it] the local mental health authority or the local
467     mental health authority's designee shall discharge the patient from involuntary commitment and
468     immediately report the discharge to the court.[ Otherwise,]
469          (v) If, after reexamination under Subsection (17)(b)(iv), the local mental health
470     authority or the local mental health authority's designee determines that the conditions
471     justifying commitment continue to exist, the court shall immediately appoint two designated
472     examiners and proceed under Subsections (8) through (14).
473          (c) (i) The local mental health authority or [its] the local mental health authority's
474     designee responsible for the care of a patient under an order of commitment for an
475     indeterminate period shall, at six-month intervals, reexamine the reasons upon which the order
476     of indeterminate commitment was based.
477          (ii) If the local mental health authority or [its] the local mental health authority's
478     designee determines that the conditions justifying [that] commitment no longer exist, [that] the
479     local mental health authority or [its] the local mental health authority's designee shall discharge
480     the patient from [its] the local mental health authority's or the local mental health authority
481     designee's custody and immediately report the discharge to the court.
482          (iii) If the local mental health authority or [its] the local mental health authority's
483     designee determines that the conditions justifying [that] commitment continue to exist, the
484     local mental health authority or [its] the local mental health authority's designee shall send a
485     written report of [those] the findings to the court.
486          (iv) [The] A patient and the patient's counsel of record shall be notified in writing that
487     the involuntary commitment will be continued under Subsection (17)(c)(iii), the reasons for
488     [that] the decision to continue, and that the patient has the right to a review hearing by making
489     a request to the court.
490          (v) Upon receiving [the] a request under Subsection (17)(c)(iv), the court shall
491     immediately appoint two designated examiners and proceed under Subsections (8) through
492     (14).
493          (18) (a) Any patient committed as a result of an original hearing or a patient's legally
494     designated representative who is aggrieved by the findings, conclusions, and order of the court
495     entered in the original hearing has the right to a new hearing upon a petition filed with the court
496     within 30 days [of the entry of] after the day on which the court order is entered.
497          (b) The petition [must] shall allege error or mistake in the findings, in which case the
498     court shall appoint three impartial designated examiners previously unrelated to the case to
499     conduct an additional examination of the patient.
500          (c) [The] Except as provided in Subsection (18)(b), the court shall, in all other respects,
501     conduct the new hearing [shall, in all other respects, be conducted] in the manner otherwise
502     permitted.
503          (19) [Costs] The county in which the proposed patient resides or is found shall pay the
504     costs of all proceedings under this section [shall be paid by the county in which the proposed
505     patient resides or is found].