Outpatient Services Programs Workgroup: Definitions of Dangerousness August 8, 2014

1. Outpatient Services Programs Workgroup: Definitions of DangerousnessAugust 8, 2014

2. Dangerous to self or others:Connecticut “Dangerous to himself or herself or others" means there is a substantial risk that physical harm will be inflicted by an individual upon his or her own person or upon another person.

3. Dangerous to self or others:Wyoming "Dangerous to himself or others" means that, as a result of mental illness, a person: • Evidences a substantial probability of physical harm to himself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm; or • Evidences a substantial probability of physical harm to other individuals as manifested by a recent overt homicidal act, attempt or threat or other violent act, attempt or threat which places others in reasonable fear of serious physical harm to them; or

4. Dangerous to self or others:Wyoming • Evidences behavior manifested by recent acts or omissions that, due to mental illness, he is unable to satisfy basic needs for nourishment, essential medical care, shelter or safety so that a substantial probability exists that death, serious physical injury, serious physical debilitation, serious mental debilitation, destabilization from lack of or refusal to take prescribed psychotropic medications for a diagnosed condition or serious physical disease will imminently ensue, unless the individual receives prompt and adequate treatment for this mental illness. No person, however, shall be deemed to be unable to satisfy his need for nourishment, essential medical care, shelter or safety if he is able to satisfy those needs with the supervision and assistance of others who are willing and available.

5. Likelihood of serious harm:Maine "Likelihood of serious harm" means: (A). A substantial risk of physical harm to the person as manifested by recent threats of, or attempts at, suicide or serious self-inflicted harm; or (B). A substantial risk of physical harm to other persons as manifested by recent homicidal or violent behavior or by recent conduct placing others in reasonable fear of serious physical harm; 

6. Likelihood of serious harm:Maine (C). A reasonable certainty that the person will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the person adequately from impairment or injury; or  (D). For the purposes of section 3873-A, in view of the person's treatment history, current behavior and inability to make an informed decision, a reasonable likelihood that the person's mental health will deteriorate and that the person will in the foreseeable future pose a likelihood of serious harm as defined in paragraphs A, B or C.

7. Likelihood of serious harm:Massachusetts "Likelihood of serious harm", • a substantial risk of physical harm to the person himself as manifested by evidence of, threats of, or attempts at, suicide or serious bodily harm; • a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them; or

8. Likelihood of serious harm:Massachusetts (3) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that such person's judgment is so affected that he is unable to protect himself in the community and that reasonable provision for his protection is not available in the community

9. Gravely Disabled:California “Gravely disabled" means either of the following: • A condition in which a person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter. • A condition in which a person, has been found mentally incompetent [to stand trial on criminal charges] and all of the following facts exist: • The indictment or information pending against the person at the time of commitment charges a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person. • The indictment or information has not been dismissed.

10. Gravely Disabled: California (iii) As a result of a mental health disorder, the person is unable to understand the nature and purpose of the proceedings taken against him or her and to assist counsel in the conduct of his or her defense in a rational manner.

11. Gravely Disabled:Colorado "Gravely disabled" means a condition in which a person, as a result of mental illness: • Is in danger of serious physical harm due to his or her inability or failure to provide himself or herself with the essential human needs of food, clothing, shelter, and medical care; or • Lacks judgment in the management of his or her resources and in the conduct of his or her social relations to the extent that his or her health or safety is significantly endangered and lacks the capacity to understand that this is so.

12. Sources • CONN. GEN. STAT. ANN. § 17a-495(a), http://www.cga.ct.gov/2011/pub/chap319i.htm#Sec17a-495.htm • WYO. STAT. ANN. § 25-10-101(a)(ii). (ii), http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title25/T25CH10.htm • ME. REV. STAT. ANN. tit. 34B, § 3801(4)., http://www.mainelegislature.org/legis/statutes/34-b/title34-Bsec3801.html • MASS. GEN. LAWS ANN. ch. 123, § 1., https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter123/Section1 •  CALIF. WELF. & INST. CODE § 5008(h)(1)., http://law.onecle.com/california/welfare/5008.html • COLO. REV. STAT. § 27-65-102(9), http://www.lexisnexis.com/hottopics/colorado/