Title 37, Chapter 7, Section 81.1
( 37-7-81.1)
(a) At those hearings required under subsection (c) of Code Section 37-7-81 and subsection (a) of Code Section 37-7-92, the court shall determine whether the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and, if so, whether the patient is an inpatient or outpatient and, unless otherwise provided in this subsection, the type of involuntary treatment the patient should be ordered to obtain. At such hearing, if the court determines: (1) That the patient is not an alcoholic, a drug dependent
individual, or a drug abuser requiring involuntary treatment, the
court shall order that the patient be immediately discharged; (2) That the patient is an outpatient, the court shall further determine, based upon either the individualized treatment plan required to be prepared under subsection (c) of Code Section 37-7-64 or subsection (b) of Code Section 37-7-91 or the individualized treatment plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order; (3) That the patient is an outpatient who does not meet the
requirements for discharge under paragraph (2) of this subsection
and: (A) The patient has been admitted to either an evaluating or
treatment facility and there received an evaluation within 45
days prior to the date of the hearing under this Code section,
the court shall order that the patient be discharged; or (B) The patient has not been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though that patient had been ordered by a court to be admitted to that facility pursuant to Code Section 37-7-62; or (4) That the patient is an inpatient, the court shall order that
the patient shall be transported to a treatment facility where the
patient shall be admitted for care and treatment, which order may
also require that a period of such inpatient treatment be followed
by available outpatient treatment if there is such outpatient
treatment which will meet the requirements of the patient's
individualized service plan and the patient will likely obtain the
treatment so as to minimize the likelihood of the patient's
becoming an inpatient. (b) If the court at a hearing under subsection (a) of this Code
section concludes that the patient is an alcoholic, a drug dependent
individual, or a drug abuser requiring involuntary treatment, it
shall make findings of fact and conclusions of law in support of
that conclusion as part of its final order. (c) The court may order the hospitalization of any patient pursuant to paragraph (4) of subsection (a) of this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-7-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-7-83. (d) The court may order the patient to obtain available outpatient treatment under the additional conditions specified in Code Sections 37-7-93 and 37-7-94. |