36-4001. Definitions

In this article, unless the context otherwise requires:

1. "Attorney for the state" means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to this chapter.

2. "Biannually" means twice per year.

3. "Committed defendant":

(a) Means a person who has been determined to be incompetent and nonrestorable and dangerous pursuant to title 13, chapter 41.

(b) Includes the committed defendant's attorney or the committed defendant's court-appointed guardian, if any.

4. "Competent professional" means a person who is:

(a) Familiar with this state's criminal and involuntary commitment statutes and standards that are available in this state for persons with a mental illness, defect or disability.

(b) Approved by the superior court as meeting court approved guidelines.

5. "Dangerous" means that, as a result of a mental illness, defect or disability, a person's continued behavior can reasonably be expected, on the basis of a mental health expert's opinion, to result in serious physical harm or death to another person.

6. "Less restrictive alternative" means court-ordered treatment in a setting that is less restrictive than total confinement.

7. "Medical director" means the medical director of the secure behavioral health residential facility in which the committed defendant resides.

8. "Mental illness, defect or disability" means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including a congenital mental condition, a condition resulting from injury or disease or a developmental disability as defined in section 36-551.

9. "Secure state mental health facility" means a secure behavioral health residential facility that is licensed pursuant to section 36-425.06.