9 CSR 50-2.020 - Guidelines for Conditional Release
(1) The
head of a mental health facility or designee may conditionally release a client
who is involuntarily detained pursuant to Chapter 632, RSMo for twenty-one (21)
days, ninety (90) days or one (1) year, for a period not to exceed one (1)
year, under written conditions provided by the facility. The facility shall
have a continuing responsibility to assist the client in following the written
conditions and, as provided in section (6) of this rule, may revoke the
client's conditional release and return the client to the facility for further
inpatient treatment.
(2) The head
of the facility or designee shall develop written conditions for the client's
release. These conditions may include, but are not limited to, the following:
(A) Where the client will reside;
(B) What medications the client must take to
treat the mental illness;
(C) When
and where the client will receive required psychotherapy, day treatment,
supported community living services or other required care and treatment
necessary to continue the client on conditional release;
(D) Which behaviors the client is expected to
exhibit or avoid; and
(E) Any other
conditions necessary for the client to comply with to reasonably assure
success.
(3) The client,
the head of the facility or designee and the persons providing services to the
client while on conditional release shall agree to the conditions of the
release agreement.
(4) The head of
the releasing facility or designee may modify the client's conditions for
release when s/he believes that these changes are in the best interest of the
client. Suggested modifications to the conditional release agreement may be
made to the head of the releasing facility or designee by the client or the
persons providing services. Any modifications shall be given to the client in
writing and as required in sections (3) and (5) of this rule.
(5) The signed conditional release shall be
filed by the head of the facility or designee with the probate division of the
circuit court that committed the client. Copies of the conditional release
shall be given to-
(A) The client;
(B) The facility that conditionally released
the client;
(C) The person(s)
providing for the conditions of release;
(D) The client's last attorney of record;
and
(E) The prosecuting attorney,
county counselor or circuit attorney, as appropriate.
(6) If the client violates one (1) or more
conditions of the release, the head of the facility or designee that
conditionally released the client shall be notified. After review the head of
the facility or designee may revoke the client's conditional release and return
the client to the hospital if there is reason to believe that-
(A) The client has violated one (1) or more
of the conditions of release;
(B)
The client requires resumption of full-time hospitalization; or
(C) The safety of the client or public may be
in jeopardy if the client is not hospitalized.
(7) If a decision to revoke the client's
conditional release is made by the head of the facility or designee, s/he shall
notify and give written notice as to the conditions that were violated, how
they were violated and reasons for returning the client to inpatient
hospitalization within ninety-six (96) hours of the client's return to the
mental health facility to the following:
(A)
The client;
(B) The person(s)
providing services which are called for by the conditions of release;
(C) The court of jurisdiction;
(D) The client's last attorney of record;
and
(E) The prosecuting attorney,
county counselor or circuit attorney, as appropriate.
(8) If, after given notice, the client
refuses to return to the facility, the head of the facility or designee may
take the written notice to the probate division of the circuit court where the
conditional release was filed and request that the probate division of the
circuit court issue a warrant for the client's apprehension and return to the
facility. The court may consider the request on an ex parte
basis. Any court costs related to revocation shall be paid as provided in
section 632.415, RSMo.
(9) When the client is returned to the
facility, the head of the facility or designee shall give written notification
to the client that if the client disagrees with the revocation that the client
may ask the court to hold a hearing on the matter. Upon readmission to the
facility, the client shall be given notice of his/her commitment rights as if
s/he were detained for the initial ninety-six (96)-hour period and be given the
name and phone number of his/her attorney who represented him/her in the last
commitment hearing. The attorney who represented the client on the last
commitment hearing shall continue to be the attorney of record unless the
client has obtained other legal counsel. If the attorney of record is unable to
represent the client, a new attorney shall be designated by the facility from
the list of attorneys.
(10) The
period of inpatient hospitalization shall not exceed the period of time left on
the previous commitment without further hearings for the next appropriate
period of commitment. The head of the facility placing the client on
conditional release shall keep adequate records to assure that the client is
not involuntarily treated as an inpatient for a longer period than necessary
while on conditional release.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.