# § 10472. Definitions
In this subchapter—
**(1)** the term “mental illness” means a diagnosable mental, behavioral, or emotional disorder—
**(A)** of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and
**(B)** that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities;
**(2)** the term “preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders” means a person who—
**(A)**
**(i)** previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or
**(ii)** manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and
**(B)** is deemed eligible by designated judges;
**(3)** the term “court-ordered assisted outpatient treatment” means a program through which a court may order a treatment plan for an eligible patient that—
**(A)** requires such patient to obtain outpatient mental health treatment while the patient is not currently residing in a correctional facility or inpatient treatment facility; and
**(B)** is designed to improve access and adherence by such patient to intensive behavioral health services in order to—
**(i)** avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and
**(ii)** provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization; and
**(4)** the term “eligible patient” means an adult, mentally ill person who, as determined by a court—
**(A)** has a history of violence, incarceration, or medically unnecessary hospitalizations;
**(B)** without supervision and treatment, may be a danger to self or others in the community;
**(C)** is substantially unlikely to voluntarily participate in treatment;
**(D)** may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety;
**(E)** has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; or
**(F)** due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.
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**Source Credit**: (Pub. L. 90–351, title I, § 2202, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2400; amended Pub. L. 114–255, div. B, title XIV, § 14002(b), Dec. 13, 2016, 130 Stat. 1288.)
## Editorial Notes
### Codification
Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
### Prior Provisions
A prior , as added , , , related to prohibition of participation by violent offenders, prior to repeal by [title I, § 114(b)(1)(A)], , , 1321–21; renumbered title I, , , .
### Amendments
2016—Pars. (3), (4). added pars. (3) and (4).