Amends TCA Title 33.

This bill authorizes, in certain circumstances, a court to order a person to participate in medically appropriate outpatient treatment under a plan approved by a mental health court and an outpatient qualified mental health professional. This bill will apply only in a county that is within the jurisdiction of a designated mental health court that has the power to hear cases involving petitions filed under the state's laws governing mental health, substance abuse, intellectual and developmental disabilities, and mental commitments. Persons subject to the ordered treatment under this bill are those meeting the following description (who will be considered to pose a substantial likelihood of serious harm to other persons for purposes of this bill): (1) The person has threatened or attempted: homicide or an act of mass violence toward persons or property; and (2) There is a substantial likelihood that the homicide or act of mass violence will occur unless the person is placed under involuntary treatment. Under this bill, if, on the basis of a review of the person's history before and during the period of time during which a petition filed pursuant to this bill is under consideration, the mental health court concludes that the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission; the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm to other persons unless treatment occurs; the person is likely to participate in outpatient treatment with a legal obligation to do so; the person is not likely to participate in outpatient treatment unless legally obligated to do so; and mandatory outpatient treatment is a suitable less drastic alternative to inpatient commitment, then the person is eligible to be ordered to treatment under this bill. This bill establishes in detail the requirements for the filing of a petition with a mental health court under this bill, which include that the person for whom care is sought must have, on two or more separate occasions, presented a substantial likelihood of serious harm to other persons. This bill also sets out in detail the requirements for a hearing on the petition. The court will hear testimony and, if it is deemed advisable and the proposed patient is available, examine the proposed patient in or out of court. If the proposed patient does not appear at the hearing, and appropriate attempts to elicit the attendance of the proposed patient have failed, then the court may conduct the hearing in the proposed patient's absence. In that case, the court must set forth the factual basis for its determination to conduct the hearing in the patient's absence. If the petition for mandatory outpatient treatment indicates that the person has not submitted to an examination in the 10 days prior to the filing of the petition, then the court may request the person to submit to an examination by a physician or a professional appointed by the court. This bill provides specific details about such an examination. This bill also provides authorization, and details regarding such authorization, including the authorized period of detention, for the court to order law enforcement, in certain circumstances, to take into custody a proposed patient who does not consent to an examination. Unless the proposed patient requests a public hearing, the hearing is confidential and a report of the proceedings shall not be released by any person to the public or press. The persons eligible to file a petition under this bill to have care ordered for the person who poses a substantial likelihood of serious harm to other persons are as follows: (1) The parent, legal guardian, legal custodian, conservator, spouse, or a responsible relative of the person alleged to be in need of care and treatment; (2) A licensed physician; (3) A licensed psychologist who meets certain requirements established under present law; or (4) An officer authorized to make arrests in this state. After a hearing on the petition, the court will make a determination on whether the proposed patient will be subjected to an obligation to participate in mandatory outpatient treatment. If the court obligates the proposed patient to participate in mandatory outpatient treatment, then the court will order the development and submission to the court of an outpatient treatment plan, as described in detail in this bill. This bill provides for progress reports on the patient to the court. This bill sets out in detail other provisions that will govern the following: (1) Amendment of the outpatient treatment plan; (2) Payment for outpatient services. This bill provides that the person is responsible for payment for the services, if: the person is not indigent; the person is eligible for payment for services under any privately funded system; or the person is eligible for payment for services under any governmentally funded system. If the person is indigent and is not eligible for payment for service, then the department must provide payment for the outpatient services; (3) Suspension of outpatient care due to admission to treatment facility and the reinstitution of outpatient care following release.; (4) Actions to enforce the court's order when a person fails to comply with outpatient treatment plan; (5) Hearings to determine compliance and alternative dispositions upon failure or inability to comply; (6) Procedures for when a person fails to appear at hearing, including procedures for a custody order and transportation and admission to a hospital; (7) Findings by a qualified mental health professional and, where appropriate, recommitment; (8) Rights of person in proceedings under this bill; (9) Termination of legally mandated outpatient care, and, where appropriate, reinstatement of mandatory outpatient care; and (10) Limitations on the obligation for outpatient treatment, which will terminate six months after the order subjecting the person to the obligation, if, at that point, the obligation has not already been terminated due to a finding that the person will likely participate in outpatient care without being legally obligated, or a finding that the person no longer needs treatment.