Guidelines for Conditional Release

PURPOSE: This rule sets guidelines for implementation of section 632.385, RSMo and applies to all department facilities and private mental health facilities certified by the Division of Comprehensive Psychiatric Services to provide outpatient treatment. (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 fulltime 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. AUTHORITY: section 630.050, RSMo 2000.* Original rule filed Aug. 4, 1988, effective Jan. 13, 1989. Amended: Filed Jan. 31, 2006, effective Aug. 30, 2006. *Original authority: 630.050, RSMo 1980, amended 1993, 1995.