Starting after December 31, 2026, people under court-ordered mental health treatment can ask a court to review whether they still need it, and the law sets new deadlines, says who may ask, and puts the burden of proof on the treatment agency.
Official title: court-ordered treatment; judicial review
- Takes effect after December 31, 2026
What changes
BeforeA patient or someone acting for the patient could request the patient's release. The medical director had 3 days to send the written request and a current psychiatric report to the court clerk.
NowThe request asks the court to review whether the patient still needs court-ordered treatment. The written request may be made by the patient, the patient's attorney or a health care decision-maker acting for the patient. Staff must promptly pass it to the medical director, who, or whose designee, has 7 business days to send it to the court with a current psychiatric report.
BeforeThe psychiatric report sent with the request had to describe the patient's current condition.
NowThe report must give the medical director's opinion on whether the patient still meets the criteria for court-ordered treatment. If the medical director thinks the patient would accept voluntary treatment, the report must address the patient's ability to follow through, based on the patient's history before and after the court order.
BeforeThe court 'may' review the material and could enter an order without a further hearing. A further hearing could be ordered based on an affidavit (a sworn written statement) from the patient's attorney.
NowThe court 'shall' review the request within 5 judicial days after it is filed and may decide without a hearing. A hearing may be ordered by the court on its own, or on a motion by the patient's attorney or by the person who filed for the patient. Any hearing must be held within 15 calendar days of filing, but it may be delayed for good cause. The court may order an independent evaluation. Unless the court orders otherwise, an inpatient stays in inpatient treatment until the court decides.
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NowThe treatment agency must prove by clear and convincing evidence that the patient still needs court-ordered treatment. Unless the treatment is illegal for other reasons, the patient is released only if the court finds treatment is no longer required, for example because the patient is no longer a danger or disabled as described in the law, or is willing and able to accept needed treatment voluntarily.
BeforeA request could not be made sooner than 60 days after the treatment order, a hearing on an earlier habeas corpus petition, or the decision on an earlier review request, with certain exceptions.
NowA first request cannot be made sooner than 60 days after the original treatment order. With certain exceptions, a later request cannot be made sooner than 60 days after the order deciding the previous review request. If the patient is under a guardianship, the medical director must notify the guardian within 3 days after receiving a request and certify the delivery to the court.
Who it affects
- People receiving court-ordered mental health treatment
- Attorneys and health care decision-makers acting for these patients
- Guardians of patients under court-ordered treatment
- Mental health treatment agencies and their medical directors
- Superior courts
What you need to do
Nothing.
What the law doesn't answer
- Whether review requests already pending when the law takes effect follow the old or new rules
- What counts as 'good cause' to delay a hearing
- Who pays for an independent evaluation ordered during judicial review
- What happens if the medical director misses the 7-business-day deadline
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.