Federal · Title 34 — Crime Control and Law Enforcement
34 U.S.C. § 10472: Definitions
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of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities; previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and is deemed eligible by designated judges; requires such patient to obtain outpatient mental health treatment while the patient is not currently residing in a correctional facility or inpatient treatment facility; and avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization; and has a history of violence, incarceration, or medically unnecessary hospitalizations; without supervision and treatment, may be a danger to self or others in the community; is substantially unlikely to voluntarily participate in treatment; may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety; has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; or due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.
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