STATE CHARITABLE INSTITUTIONS
HOSPITALIZATION OF MENTALLY ILL
66-339A.Outpatient commitment. A person may be committed to outpatient treatment for a period of up to one (1) year if, after a court hearing conducted substantially similar to the one outlined in section 66-329, Idaho Code, the court determines, on the basis of clear and convincing evidence that:
(1) The person is diagnosed as having a mental illness; and
(2) The person, without the requested treatment:
(a) Is likely to cause harm to himself or to suffer substantial mental or emotional deterioration, or become gravely disabled, or
(b) Is likely to cause harm to others; and
(3) The person lacks capacity to make an informed decision concerning his need for treatment; and
(4) The person has previously been hospitalized for treatment of mental illness and has by history substantially failed to comply on one (1) or more occasions with the prescribed course of treatment outside the hospital; and
(5) A treatment plan has been prepared which includes specific conditions with which the patient is expected to comply, together with a detailed plan for reviewing the patient’s medical status and for monitoring his or her compliance with the required conditions of treatment; and
(6) There is a reasonable prospect that the patient’s disorder will respond to the treatment proposed in the treatment plan without having to be involuntarily committed to an inpatient facility if the patient complies with the treatment requirements specified in the court’s order; and
(7) The physician or treatment facility which is to be responsible for the patient’s treatment under the commitment order has agreed to accept the patient.
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