HB359 Summary

• Authorizes judges of probate to involuntarily commit individuals with substance use disorders that occur secondarily to a primary mental illness diagnosis, in addition to those with mental illness alone.

• Changes jurisdiction for serving commitment petitions to the sheriff of the county where the respondent was located at the time the petition was filed, rather than the current county location.

• Allows judges of probate to determine medical evaluation procedures and establish limitations on a respondent's liberty pending final hearing, with flexibility on whether to immediately bring the respondent before the court.

• Adds a new process (Section 15-16-26) allowing judges of probate to communicate with criminal courts to discharge respondents from temporary confinement for misdemeanor or municipal violations so pending mental health commitment orders can be fulfilled.

• Prohibits mental health providers from being required to expand existing services unless currently available funding supports the expansion.

• Effective date: January 1, 2025.