(a) Individuals who are unable to perform activities of daily living as the result of a severe and persistent mental illness, or individuals who have been adjudicated mentally incompetent, or infants, need not personally make the deposit or execute the bail bond as may be required under §§ 40-11-101 — 40-11-144, but the deposit and execution may be made for such individuals by anyone found by the sheriff or clerk taking the bond to be a responsible substitute.
(b) For the purposes of this section, an individual shall be considered to have a severe and persistent mental illness if:
(1) Such individual has a psychiatric diagnosis or symptoms consistent with a psychiatric diagnosis as specified in the latest edition of the American Psychiatric Association Diagnostic and Statistical Manual; and
(2) Such individual has delusions, hallucinations, extremely disorganized thinking or other significant disruptions of consciousness, memory, and perception that are not attributable solely to the acute effects of alcohol or other drugs; and
(3) Such individual has a documented medical history of the items listed in subdivisions (b)(1) and (2).
(c) For purposes of this section, unless the context otherwise requires:
(1) “Delusions” means fixed, clearly false beliefs; and
(2) “Hallucinations” means clearly erroneous perceptions of reality.
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