Courts review early releases from mental health treatment

Before a patient leaves court-ordered treatment early, the treatment agency's medical director gives notice. A person entitled to notice, or the court, may ask the court to review the release. Notice goes to the judge, the patient's guardian, and people entitled to notice under the law. A relative or victim must file a notice demand; another person must show the court a legitimate reason to receive notice. If no review motion is filed, the patient may be released under the notice without another court order. Notice generally must be mailed at least ten days before the intended release; notice to the prosecuting agency must be mailed at least five days before. The court must decide a review motion no later than three weeks after the anticipated release date, and the patient stays in treatment while the court decides.

The treatment agency reviews some patients' cases before their court orders expire. If the agency seeks continued treatment, it applies to the court; a guardian may also apply. The review covers patients found to have a grave, persistent, or acute disability who are receiving court-ordered treatment. The agency's review considers whether continued treatment is appropriate and whether the patient needs a guardian or conservator. At a hearing, the party seeking continued treatment must prove the required findings by clear and convincing evidence. The court may end treatment if an existing guardian's added powers can meet the patient's needs without a treatment order. The agency must review the case within the 90 days before the treatment order expires. If it seeks continued treatment, it must apply at least 30 days before expiration; a guardian may apply at least 15 days before.