Section 25-03.1-21 - Involuntary treatment order - Alternatives to hospitalization - Noncompliance with alternative treatment order - Emergency detention by certain professionals - Application for continuing treatment order1. Before the court makes a decision in an involuntary treatment hearing, the court shall review a report assessing the availability and appropriateness for the respondent of treatment programs other than hospitalization which has been prepared and submitted by the state hospital or treatment facility. If the court finds a treatment program other than hospitalization is adequate to meet the respondent's treatment needs and is sufficient to prevent serious risk of harm, the court shall order the respondent to receive whatever treatment, other than hospitalization, is appropriate for a period of ninety days.2. If the respondent is not complying with the alternative treatment order or the alternative treatment has not been sufficient to prevent serious risk of harm, the department, a representative of the treatment program involved in the alternative treatment order, the petitioner's retained attorney, or the state's attorney may apply to the court or to the district court of a different judicial district in which the respondent is located to modify the alternative treatment order. The court shall hold a hearing within seven days after the application is filed and served on the respondent. Based upon the evidence presented at the hearing and other available information, the court may:a. Continue the alternative treatment order;b. Consider other alternatives to hospitalization, modify the court's original order, and direct the respondent undergo another program of alternative treatment for the remainder of the ninety-day period; orc. Enter a new order directing the respondent be hospitalized until discharged from the hospital under section 25-03.1-30. If the respondent refuses to comply with this hospitalization order, the court may direct a peace officer to take the respondent into protective custody and transport the respondent to a treatment facility.3. If a peace officer, physician either in person or directing an emergency medical services professional, or any mental health professional reasonably believes the respondent is not complying with an order for alternative treatment, that the alternative treatment is not sufficient to prevent serious risk of harm, and that considerations of time and safety do not allow intervention by a court, the designated professional may cause the respondent to be taken into custody and detained at a treatment facility as provided in subsection 3 of section 25-03.1-25 and, within twenty-four hours, shall file a notice with the court stating the circumstances and factors of the case. The state hospital or public treatment facility immediately shall accept, if appropriately screened and medically stable, and a private treatment facility may accept, the respondent on a provisional basis. The superintendent or director shall require an immediate examination of the respondent and, within twenty-four hours after admission, shall release the respondent subject to the conditions of the original order or file a notice with the court stating in detail the circumstances and factors of the case. The court, within forty-eight hours of receipt of the notice of the superintendent or director, after a hearing and based on the evidence presented and other available information, shall: a. Release the respondent from hospitalization and continue the alternative treatment order;b. Consider other alternatives to hospitalization, modify the original order of the court, and direct the respondent undergo another program of alternative treatment for the remainder of the commitment period; orc. Enter a new order directing the respondent remain hospitalized until discharged from the hospital under section 25-03.1-30.4. If, at the date of expiration of an order of alternative treatment, it is believed an individual continues to require treatment, a petition for a determination that the individual continues to be a person requiring treatment may be filed with the court where the individual is located.Amended by S.L. 2021, ch. 222 (HB 1117),§ 6, eff. 8/1/2021.Amended by S.L. 2019, ch. 226 (HB 1453),§ 4, eff. 8/1/2019.Amended by S.L. 2015, ch. 201 (HB 1040),§ 12, eff. 8/1/2015.Amended by S.L. 2013, ch. 223 (SB 2157),§ 1, eff. 8/1/2013.