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2005 General Session
After the first 90 days of involuntary commitment to the state hospital, whenever the head of the hospital concludes that the patient is no longer mentally ill or that he no longer presents a substantial risk to himself or others, the hospital head applies to the court that committed the person for a discharge order. The patient may also directly apply to the courts for a discharge order, with a report from the head of the hospital accompanying the application.
SF 89 directed the court to schedule a hearing as soon as possible after the head of the hospital or the patient has applied for a discharge order. The bill also required that the court of jurisdiction hold a hearing at least once a year to determine if continued hospitalization is necessary for any patients held because of criminal offenses.
Supporters felt that sometimes patients are involuntarily held longer than necessary in the state hospital because the courts are slow to review applications for discharge, and they thought the requirements of SF 89 would bring about more timely review of these cases.
There was no opposition to SF 89. The bill passed all legislative committees and both the House and Senate unanimously.