Bill Summary: SB 428 - Assisted Outpatient Treatment

• Establishes a court-ordered assisted outpatient treatment program for persons with psychiatric disabilities who have demonstrated propensity for violence, requiring regular monitoring of medication compliance and living conditions by supervising agencies.

• Allows applications for treatment orders to be filed by family members, concerned individuals, the Commissioner of Mental Health and Addiction Services, treatment facility directors, or probation/parole officers with an examining physician's clinical recommendation.

• Requires Probate Court to find by clear and convincing evidence that respondent is 18+, has a psychiatric disability, has inflicted or threatened serious physical injury caused by that disability, has history of treatment non-compliance, will benefit from treatment, and lacks less restrictive alternatives before ordering treatment for up to 180 days.

• Permits extension of treatment orders for additional 180-day periods if the supervising agency petitions the court not less than 15 days before expiration and demonstrates continued eligibility.

• Provides liability protections for supervising agencies unless their actions are wanton, reckless, malicious, or demonstrate substantial departure from accepted professional standards, and requires agencies to report medication non-compliance to court.

• Requires examination within 24 hours and hospitalization not exceeding 72 hours if respondent fails to take prescribed medication, unless committed under existing involuntary commitment statute.

• Effective October 1, 2020.