Kendra's Law defines specific eligibility criteria for the AOT target population, which are listed below.
An individual may be placed in AOT only if, after a hearing, the court finds that all of the following have been met. The individual must:
be eighteen years of age or older; and
suffer from a mental illness; and
be unlikely to survive safely in the community without supervision, based on a clinical determination; and
have a history of non-adherence with treatment that has: a. been a significant factor in his or her being in a hospital, prison or jail at least twice within the last 36 months; or b. resulted in one or more acts, attempts or threats of serious violent behavior toward self or others within the last 48 months; and
be unlikely to voluntarily participate in treatment; and
be, in view of his or her treatment history and current behavior, in need of assisted outpatient treatment in order to prevent a relapse or deterioration which would be likely to result in serious harm to the person or others; and
be likely to benefit from AOT.
The court-ordered treatment must be the least restrictive alternative which will allow the individual to live safely in the community.
