§ 7621. Hearing on application for continued treatment; orders

(a) The hearing on the application for continued treatment shall be held in accordance with the procedures set forth in sections 7613, 7614, 7615, and 7616 of this title.

(b) If the court finds that the patient is a patient in need of further treatment and requires hospitalization, it shall order hospitalization for up to one year.

(c) If the court finds that the patient is a patient in need of further treatment but does not require hospitalization, it shall order nonhospitalization for up to one year. If the treatment plan proposed by the Commissioner for a patient in need of further treatment includes admission to a secure residential recovery facility, the court may at any time, on its own motion or on motion of an interested party, review the need for treatment at the secure residential recovery facility.

(d) If at any time during the period of nonhospitalization ordered under subsection (c) of this section, it comes to the attention of the court that the person is not complying with the order or that the alternative treatment has not been adequate to meet the patient's treatment needs, the court may, after proper hearing:

(1) Consider other treatments not involving hospitalization, modify its original order, and direct the patient to undergo another program of alternative treatment for an indeterminate period, up to the expiration date of the original order; or

(2) Order that the patient be hospitalized, up to the expiration date of the original order.

(e) If the court finds that the patient is not a patient in need of further treatment, it shall order the patient discharged.

(f) This section shall not be construed to prohibit the court from issuing subsequent orders after a new application is filed pursuant to section 7620 of this title. (Added 1977, No. 252 (Adj. Sess.), § 28; amended 1997, No. 114 (Adj. Sess.), § 3; 2011, No. 160 (Adj. Sess.), § 4, eff. May 17, 2012.)