Courts would order outpatient care for some who refuse substance use treatment

The court would order outpatient substance use treatment. This applies after a second hearing finds medical evidence that the person needs immediate treatment and has refused it. The treatment requirements must follow testimony and recommendations from a medical provider who evaluated or treated the person. The court must dismiss the petition earlier if the person voluntarily enters appropriate treatment and documents it. Treatment may last up to 90 days; the court must dismiss the petition when that period ends.

The court would require the person to get a medical evaluation. This applies to people named in petitions for required substance use treatment. After the first hearing, the court must find a substance use disorder, impaired judgment that leaves the person unable to manage daily life or a danger to themselves or others, and refusal of voluntary treatment. The court must dismiss the petition if the evaluation does not recommend immediate treatment. If it does, the court must hold another hearing. The evaluation must happen within 15 days of the order, and the provider must send it to the court within 15 days afterward.

A spouse, legal guardian, friend, relative, or medical provider could ask a court to consider required treatment. They could file in the county where the person lives or can be found. The filing must identify the person and give facts alleging a substance use crisis, that the disorder leaves the person unable to manage daily life or a danger to themselves or others, a need for care, and either an inability to decide to seek treatment or refusal to seek it. It must include a provider's written statement if the person was evaluated within the past 30 days; otherwise, it must say no recent evaluation occurred. The court must appoint a public defender if the person has no lawyer and dismiss a filing that lacks required information. If enacted, these rules would take effect July 1, 2026.

The court would direct local police to consider whether emergency detention is justified. This applies when evidence at the first hearing suggests the person may qualify for an emergency hospital hold. Evidence must suggest the person may have a mental illness, be dangerous or gravely disabled, and need immediate hospital care. If emergency detention begins, the court must dismiss the substance use treatment petition.