§43A-5-416.

§43A-5-416.
   
   A. The court, in considering a commitment petition filed under Section
   5-211 of this title or Section 5-401 of this title, shall not order
   hospitalization without a thorough consideration of available
   treatment alternatives to hospitalization, and without addressing, at
   the time of hospitalization, the patient's competency to consent to or
   refuse the treatment that is ordered, including but not limited to the
   patient's right to refuse psychotropic medications.
   
   B. If the court, in considering a commitment petition filed under
   Section 5-211 of this title or Section 5-401 of this title, finds that
   a program other than hospitalization is adequate to meet the
   individual's treatment needs and is sufficient to prevent injury to
   the individual or to others, the court may order the individual to
   receive whatever treatment other than hospitalization is appropriate
   for a period of ninety (90) days, during which time the court shall
   continue its jurisdiction over the individual as a person requiring
   treatment. If at any time during the ninety-day period it comes to the
   attention of the court from a person competent to file a petition, as
   set forth in this title, that the individual ordered to undergo a
   program of alternative treatment to hospitalization is not complying
   with the order or that the alternative treatment program has not been
   sufficient to prevent harm or injury which the individual may be
   inflicting upon himself or others, the court may order the person to
   show cause why the court shall not do one or more of the following:
   
   1. Consider other alternatives to hospitalization, modify or rescind
   the original order or direct the individual to undergo another program
   of alternative treatment for the remainder of the ninety-day period,
   or for a period not to exceed twelve (12) months, if necessary and
   appropriate, based on written findings of the court;
   
   2. Enter an order of admission pursuant to the provisions of the
   Mental Health Law, directing that the person be hospitalized and, if
   the individual refuses to comply with this order of hospitalization,
   the court may direct a peace officer to take the individual into
   protective custody and transport such person to a public or private
   facility designated by the court;
   
   3. If at the date of expiration of an order of alternative treatment
   it is believed that the individual continues to require treatment, a
   petition for a determination that the individual is a person requiring
   treatment may be filed pursuant to this title; or
   
   4. Prior to ordering the hospitalization of an individual, the court
   shall inquire into the adequacy of treatment to be provided to the
   individual by the facility, and hospitalization shall not be ordered
   unless the facility in which the individual is to be treated can
   provide such person with treatment which is adequate and appropriate
   to such person's condition.
   
   C. At the request of the administrator of a facility to which a person
   has been involuntarily committed for inpatient treatment pursuant to
   the provisions of Section 5-212 of this title or Section 5-401 of this
   title, or at the request of such person, the court may modify an order
   for involuntary commitment and order alternative treatment pursuant to
   the provisions of this section.
   
   D. Nothing in this section shall prohibit the Department of Mental
   Health and Substance Abuse Services, or the court, from discharging a
   person admitted pursuant to this section, at a time prior to the
   expiration of the ninety-day period of alternative treatment, or any
   extension thereof. The Department of Mental Health and Substance Abuse
   Services shall issue a report to the court, outlining the disposition
   of each person admitted pursuant to this section, subsequent to
   discharge.