§27-7-2. Release of patients on convalescent status.
(a) The chief medical officer of a mental health facility may
release an involuntary patient on convalescent status (trial visit)
when the chief medical officer believes such release is in the best
interest of the patient. Release on convalescent status shall
include provisions for continuing responsibility to and by a mental
health facility, not necessarily the facility in which the patient
was previously hospitalized, including a plan of treatment on an
outpatient basis to ensure that the patient receives whatever care
and treatment he or she might require. At the end of six months on
convalescent status, the patient must be discharged from any
involuntary commitment order that might have been entered against
him or her and he or she cannot be involuntarily returned to any
mental health facility unless a new commitment proceeding has been
instituted against him or her. When a patient released on
convalescent status is discharged from his or her involuntary
commitment, it shall be the responsibility of the chief medical
officer of the mental health facility of which the individual was
a patient prior to being placed on convalescent status to
immediately make a report of the discharge of the patient to the
circuit court or mental hygiene commissioner of the county in which
the involuntary hospitalization was ordered and to the circuit
court or mental hygiene commissioner of the county wherein the individual is a resident.
(b) Notwithstanding any provision of this code to the
contrary, anytime an individual is involuntarily committed to a
mental health facility for inpatient treatment pursuant to the
provisions of article five of this chapter due to a mental illness
and it is determined by the medical director of the mental health
facility that the use of medication by the individual is necessary
to avoid the recurrence of the behavior which caused the
involuntary hospitalization, initial release from the mental health
facility shall be on convalescent status with the requirement that
the individual follow a designated treatment plan which may include
the taking of medication unless the medical director makes a
written finding that release on convalescent status will serve no
treatment purpose. If an individual released on convalescent
status does not comply with the terms and conditions of
convalescent status, any person may file a petition to revoke such
convalescent status and said petition shall be subject to the
procedures and provisions of this article.